The Polish government has revived a contentious debate over freedom of speech online by pushing forward with two separate bills to implement the EU’s Digital Services Act. A second, more controversial piece of legislation introduces procedures for blocking content, which the opposition says threatens constitutional freedoms.
On July 16, the Sejm Committee on Digitalization, Innovation and Modern Technologies reviewed both drafts. The first, a base bill establishing institutions and procedures for users to file complaints against platforms, passed with little controversy. The second, which allows state authorities to order the blocking or unblocking of specific internet content, triggered heated exchanges between the ruling coalition and the opposition.
Deputy Minister of Digitalization Dariusz Standerski argued that the current system amounts to private censorship by tech giants. – Today, all power over internet content belongs to the platforms. It is they who decide what is legal and what is not – he told the committee, stressing the need for a state-backed mechanism that restores balance.
State powers to block content raise alarm
The contested proposal grants the president of the Office of Electronic Communications (UKE) and the chairman of the National Broadcasting Council (KRRiT) the authority to issue administrative decisions ordering platforms to block or unblock content. The list of offenses justifying such orders includes terrorism, child sexual abuse material, incitement to hatred and crimes against humanity.
Standerski emphasized that immediate enforceability would apply only in the most extreme cases, namely child sexual abuse material involving minors. – In all other instances, parties will be able to appeal to a common court, and the author of the blocked content will have the right to participate in proceedings – he added.
Opposition lawmaker Bartłomiej Pejo, head of the committee and a member of the Confederation party, said the project still moves in the direction of taking away constitutional freedom of speech. He announced he would file amendments, though he acknowledged that everyone in the room agrees on the need to improve user safety online.
Business sector wins more time to adapt
The most tangible outcome of the committee session was a concession to business. The Ministry of Digitalization had proposed a three-month vacatio legis after the law is published. The Lewiatan Confederation, representing employers, argued that six months were needed to set up the technical registry of domains that fail to comply with blocking orders.
Eliza Turkiewicz of Lewiatan told the committee that both the UKE and telecom operators need time to prepare technical specifications, integrate systems and conduct tests. Her view was supported by Aneta Cielebąk-Zduniak of the Chamber of Electronics and Telecommunications (KIGEiT) and Tomasz Bukowski of the Polish Chamber of Electronic Communications (PIKE).
Deputy Minister Standerski described the business proposal as very reasonable. – It is important that the system is introduced not necessarily as quickly as possible, but effectively – he said, signaling the government’s willingness to differentiate the vacatio legis. He declared openness to further discussion on the list of criminal offenses covered by the procedure as well.
Anna Matras of Amnesty International argued that neither freedom of speech nor freedom from violence justified by prejudice should be left to arbitrary decisions by technology giants. She said the state needs proper tools to protect fundamental rights and that the proposed blocking procedures are essential for a full implementation of the DSA in Poland.
The legislative process now moves to the next reading in the plenary session, where the government hopes to avoid a repeat of President Karol Nawrocki’s veto that killed the previous unified DSA bill in late 2025.
Źródło: WNP.PL, Fot. Albert Zawada / PAP
