There will be no blocking of illegal content on the Internet. Act blocked by the president

President Karol Nawrocki announced on Friday that he had vetoed the amendment to the Act on the provision of electronic services. It was intended to enable the presidents of UKE and KRRiT to issue orders to online platforms to remove illegal content relating to over 20 prohibited acts.

The amendment to the Act on the provision of electronic services was intended to ensure the effective application in Poland of the provisions of the EU Digital Services Act (DSA), regarding, among others, blocking illegal content on the Internet.

The regulations assumed that UKE and KRRIT officials could issue decisions to block content relating to 27 prohibited actsmainly the Penal Code, containing, among others: criminal threats, incitement to commit suicide, praising pedophilic behavior, promoting totalitarian ideologies, as well as inciting hatred and insulting against the background of national, ethnic, racial and religious differences – including content containing hate speech spread on social media. The Act also listed content infringing copyrights or relating to the illegal sale of goods or the illegal provision of services.

The regulations also gave the Office of Electronic Communications the ability to unblock content blocked by the platform in some cases.

The vetoed act entitled natural persons and, among others, prosecutor's office, police, National Tax Administration, border guard to apply for an order to block illegal content. Pursuant to the Act, the author of the content in question was to receive a notice from the Internet service provider about the initiation of the procedure and had two days to present his position. The author of the content had the right to lodge an objection to the decision of the Office of Electronic Communications or the National Broadcasting Council within 14 days. The court's decision would make the officials' decisions enforceable. (PAP)

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