In a statement to the international press, the Co-Chairman of the European Conservatives and Reformists Group in the European Parliament, Prof Ryszard Legutko (PiS), condemns the scandalous takeover of the Polish state media by Donald Tusk's government.

The replacement of top staff in supervisory bodies, dismissals and attempts to switch off the signal and block the website are radical violations of the Polish constitution. The takeover was clearly characterised by thoughts of revenge and censorship. In addition to freedom of the press, the rule of law was also at risk, as the majority of parliament had merely passed a resolution and thus bypassed the legislative process. Legutko said: “This marked the first day of the end of democracy and free access to information in Poland, guaranteed by Article 54(1) of the Polish Constitution.” According to the Polish law, the president’s approval is required for changes to the state media.”

The full statement reads:

“On 20 December 2023, representatives of Donald Tusk’s government, which came into power in Poland on 13 December 2023, forcibly took over the public media in Poland. This marked the first day of the end of democracy and free access to information in Poland, guaranteed by Article 54(1) of the Polish Constitution.

Members of bodies responsible for managing and overseeing public media institutions were replaced in a way that was incompatible with the Polish Constitution and laws. There has also been an attempt, unprecedented in democratic states, to take over the headquarters of the public media, switch off the signal of an important public television information channel and block its website. This is a violation of Article 14 of the Polish Constitution. Acts of aggression have been carried out against members of parliament from the current opposition as they were carrying out their official duties and exercising their powers. During the takeover of the headquarters of public media at the headquarters of Telewizja Polska in Warsaw, an act of aggression occurred against a Member of the Sejm of the Republic of Poland. MP Joanna Borowiak, while performing her parliamentary duties, in accordance with the applicable Act on the exercise of the mandate of a deputy and senator, was ruthlessly attacked. Her personal integrity was violated.

The establishment of new public media authorities based on a resolution of the Sejm, which according to Article 87(1) of the Polish Constitution is not a source of generally binding law in Poland, is a blatant violation of the law. The failure of the current authorities to comply with the safeguard issued by the Constitutional Tribunal, as a constitutionally empowered body in the Polish legal system, also requires special attention.

The situation described above constitutes a violation of one of the most important articles of the Polish Constitution, namely Article 2 of the Constitution, which states that the Republic of Poland is a democratic state governed by the rule of law.

In a state governed by the rule of law, there can be no situation in which the authorities, as a form of revenge and censorship, take over a state-owned company by force by means of a resolution which is not a source of law, bypassing the legislative route provided for the act by virtue of the necessary signature of the President of the Republic of Poland.

This is a blatant violation of law. This is an attempt to silence all voices critical of the left-wing government. In order to make sure that this government supports centralist agenda in the EU. We will not be silenced – and we ask all those that value freedom of speech to support our efforts.”

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