Speaking on Friday at the Congress of Young Conservatives in the eastern city of Lublin, Nawrocki said the legislation amounted to “overregulation” of European Union rules and “moves toward taking away from Poles the possibility to share their opinions online.”
The law, passed by the Sejm, the lower house of parliament, last week, is intended to bring Polish regulations into line with the European Union’s Digital Services Act, a package of rules on how large online platforms handle illegal content and user safety.
The new rules would allow officials to order the blocking of online material linked to 27 criminal offences defined mainly in Poland’s penal code.
These include punishable threats, incitement to suicide, praising behaviour of a paedophilic nature, promoting totalitarian ideologies, and calls to hatred or insults based on nationality, ethnicity, race, or religion, including hate speech on social media.
The catalogue also covers copyright infringement and content related to the illegal sale of goods or unlawful provision of services.
Under the changes to the law on the provision of electronic services, responsibility for overseeing the Digital Services Act in Poland would be divided among several state bodies.
The head of the Office of Electronic Communications (UKE) would supervise most cases, the National Broadcasting Council (KRRiT) would handle video platforms, and the head of the Office of Competition and Consumer Protection (UOKiK) would deal with online marketplaces and other issues involving consumer rights.
Applications to block content could be filed by private individuals and by authorities such as prosecutors, the police, the National Revenue Administration, and the Border Guard in cases involving human trafficking.
Once proceedings are launched, the author of the disputed material would have two days to present their position to the internet service provider.
Decisions by the Office of Electronic Communications and the National Broadcasting Council to delete or block content would not be subject to a standard administrative appeal. Instead, the author of the material would be able to lodge an objection with a court.
Nawrocki told participants at the Lublin gathering that he usually avoids saying in advance whether he will sign a particular bill, and noted that work on the legislation was still under way.
At the same time, he argued that “many of the laws that land on my desk are overregulations of European Union rules.”
He said that some of the grounds for removing content were justified, for example in cases of human trafficking or the misuse of someone’s image for commercial purposes without their consent.
"I am a firm opponent of using someone’s likeness to promote commercial offers, especially when that is not in line with that person’s position," the president said.
"I am against the possibility of promoting human trafficking on the internet," he added.
However, he expressed concern that the final word on what can be published online would rest with state officials chosen by the government.
He pointed to the fact that “the decision about what is proper and what is improper” would belong to “an official indicated by the prime minister, whoever that may be.”
The president’s comments place him in the middle of a sensitive debate in Poland over how to balance the fight against harmful and illegal material on the internet with the protection of freedom of expression.
Whether he ultimately signs the bill or sends it back for further work will be closely watched by both digital rights advocates and supporters of tougher controls on online content.
(rt/gs)
Source: PAP