Programming quotas - new regulations in the Broadcasting Act starting 5 July
The revised regulations of the Broadcasting Act accepted by the Sejm on 25 February of this year will come into force on 5 July (Journal of Laws 2016, item 443).
The amendments changed the statutory authorization (Article 15 paragraph 4), according to which KRRiT specified in a regulation a lower share of broadcasts originally produced in the Polish language on a television programme (Article 15 paragraphs 1 and 3) and of songs in the Polish language on a radio programme (Article 15 paragraph 2), excluding programmes distributed exclusively via ICT systems. This legal regulation is in line with the expectations of European legislation on maintaining appropriate technology neutrality.
KRRiT has prepared a new regulation in connection with the amendment to the Act. The amendment was published in the Journal of Laws of 4 June 2016 (item 779). The regulations of the KRRiT regulation, as previously, shall apply to:
· broadcasters during the first year of distribution of their programmes;
· specialised programmes for which the number of broadcasts produced originally in the Polish language and of European broadcasts or verbal-musical works performed in the Polish language is insufficient;
· programmes broadcast under a licence specifying that these programmes are addressed to national and ethnic minorities and communities speaking regional languages.
From 5 July, broadcasters of programmes distributed exclusively via ICT systems in the cases defined in the regulation will be able to obtain the individual consent of the KRRiT Chairman to a lower statutory programming quota for European broadcasts and broadcasts originally produced in the Polish language.
In accordance with the Act, a broadcaster of a television programme distributed exclusively via an ICT system should submit an application for such a decision within 60 days from the day the amended regulations come into force (from 5 July 2016). In the event that the application is not submitted on time or is not considered valid, the quotas stipulated in the Act shall apply.
The Act of 25 February 2016 amending the Broadcasting Act
The Regulation of the National Broadcasting Council of 18 May 2016 concerning a lower share of broadcasts originally produced in the Polish language and of European broadcasts on television programmes and verbal-musical works performed in the Polish language on radio programmes