Freedom of expression

37.The Committee is concerned by past and proposed legislative changes regarding the State party’s public broadcasting services that appear retrogressive in the protection of the guarantees that ensure the independent broadcasting of the public TV and Radio services in the State party. The Committee reiterates its concern that the offence of defamation is still penalized with deprivation of liberty for one year, as specified in article 212(2) of the Penal Code. The Committee is also concerned about other laws imposing criminal responsibility for insulting state symbols, senior officials and religion. It is further concerned about a draft bill that envisages to impose up to three years of imprisonment for referring to the Nazi camps operated in occupied Poland during World War II as Polish. (art. 19)

38.The State party should:

(a)Ensure that public broadcasting services operate in an independent manner. In this regard, the State party should guarantee their independence and editorial freedom;

(b)Review its defamation laws and laws on insult of state symbols, senior officials and religion. The State party should consider decriminalizing defamation by amending its Penal Code, bearing in mind that imprisonment is never an appropriate penalty for defamation; and

(c)Review the draft bill of August 2016 to bring it into line with article 19 of the Covenant.

Right to privacy

39.The Committee is concerned about the surveillance and interception powers of the Polish intelligence and law enforcement authorities as reflected in the Law on Counterterrorism of June 2016 and the Act amending the Police Act and certain other acts of January 2016. The Committee is particularly concerned about: a) the unlimited and indiscriminate surveillance of communications and collection of metadata b) the targeting of foreign nationals and application of different legal criteria to them, c) the insufficient procedural safeguards, d) the lack of adequate judicial oversight e) the possibility of banning or terminating assemblies and mass events; and f) the lack of notification, complaints procedure or mechanism for remedies. (arts. 2, 17, 22 and 26)