The Polish government is pushing forward with implementing the EU’s Digital Services Act (DSA) through two separate bills, but the second one – laying down procedures for blocking and unblocking online content – has reignited a fierce debate over free speech. Deputy Minister of Digital Affairs Dariusz Standerski argued that currently „the entire power over online content rests with platforms,” and the government aims to change that. Businesses, meanwhile, have secured a concession on the timeline for the new obligations.
The DSA has been fully applicable across the European Union since February 2024, setting obligations for online platforms and social media to combat illegal content, hate speech and disinformation, while increasing transparency. However, Poland lacks national procedures to enforce the regulation. The government initially tried to pass a single implementing bill, but President Karol Nawrocki vetoed it at the end of 2025, calling it an attempt to establish „administrative censorship.”
Now the Ministry of Digital Affairs has split the implementation into two acts. The first, a „baseline” bill that establishes institutions such as a digital services coordinator (the Office of Electronic Communications, UKE) and complaint procedures for users, passed through the Sejm’s Committee on Digitalization on 16 July 2026 with only abstentions from part of the opposition. The second bill, which introduces a system for issuing orders to block or unblock content, is proving far more contentious.
Platforms as the real decision-makers
Presenting the second bill to the committee, Deputy Minister Standerski explained that currently, applying to a court or administrative body for an order against illegal online content is only possible under fragmented, piecemeal legislation. „This area lacks a systemic solution – only fragmentary provisions,” he said. The proposed procedure would authorize the head of UKE and the chairman of the National Broadcasting Council (KRRiT) to issue decisions ordering the blocking or unblocking of specific content, but only for the most serious offenses, including those related to the sexual exploitation of minors and terrorism.
„Immediate enforceability will apply only to the most drastic cases – crimes involving the sexual exploitation of minors and presenting minors with content of a sexual nature,” Standerski emphasized. He also declared the government’s openness to discussion on the catalog of offenses covered by the procedure. Amnesty International’s Anna Matras supported the bill, stating: „No rights and freedoms – including freedom from hate-motivated violence and freedom of speech – should be subject to arbitrary restrictions by tech giants.” In contrast, committee chairman Bartłomiej Pejo (Konfederacja) argued that the project still goes „in the direction of stripping away constitutional free speech.” Nevertheless, he acknowledged that everyone in the room agrees some issues need to be sorted out to ensure user safety.
Businesses win more time for implementation
A key practical concern was raised by business representatives. The Ministry of Digital Affairs proposed a three-month vacatio legis after the bill’s publication. However, Konfederacja Lewiatan, supported by the Polish Chamber of Electronic Communication (PIKE) and the National Chamber of Economy of Electronics and Telecommunications (KIGEiT), argued that the new system for registering domains that fail to comply with blocking orders requires more preparation time. Eliza Turkiewicz from Lewiatan explained: „Both UKE and telecommunications operators need more time to implement the new obligations – in particular, to prepare technical specifications, create an IT system for the register, integrate operators’ systems, run tests and carry out technical consultations.”
Deputy Minister Standerski called the proposal „very reasonable,” noting that the bill introduces an entirely new system. „It is important that the system is introduced not necessarily as quickly as possible, but effectively,” he said, adding that a differentiated vacatio legis – extending the deadline for the register-related provisions to six months – could be considered. The committee is expected to continue work on the second bill in the coming weeks, with the opposition planning to table amendments targeting what they see as threats to freedom of expression.
Źródło: WNP.PL, Fot. Albert Zawada / PAP
