Laying down the law for haters, fraudsters and  Russian trolls  

“The draft amendment to the Act on the Provision of Electronic Services will  increase user safety and strengthen the protection of digital rights. At the same  time, it will introduce mechanisms for effective supervision of digital platforms’  activities. Thanks to these changes, the Polish digital market will become more  transparent, safe, and user-friendly. The amendment is also an important tool to  counter disinformation, which has become an increasingly serious threat,  especially in recent months,” Gawkowski said.

Adopted by the Council of Ministers, the draft amendment to the Act on the  Provision of Services by Electronic Means, establishes a stable and effective  legal framework for the digital market in Poland. The new regulations are  intended to ensure a safer, more transparent digital environment in Poland and  to align the national law with the EU regulations, ensuring the effective  implementation of the EU’s Digital Services Act (DSA) in Poland. The DSA  sets out rules for blocking illegal content and disinformation across the EU.

Key objectives of the amendment:

1. More effective action against illegal content: A national procedure will be  introduced for issuing orders to prevent access to content related to specific  crimes, such as human trafficking, identity theft, online fraud, and the  exploitation of minors.
2. Enhanced user protection: Users will have the right to appeal platforms’  decisions to remove or block content.
3. Stronger supervision of platforms – new mechanisms will enable overseeing  intermediary service providers operating in Poland. Also, cooperation will be  established between national regulators, EU bodies and the European  Commission.

“The law is designed to give a sense of online security. It is a law that protects,”  said Minister Gawkowski at a press conference. “It is of particular importance  because in recent days and weeks, we have observed increased amounts of  disinformation. Disinformation that not only misleads but also sows negative  emotions and affects society. And the state must have strong tools in its hands to  fight back,” he stressed, adding that “Disinformation and illegal content are the  scourge of the modern digital state.”

“The legislation adopted by the government is designed to prevent the  distribution of explicit images of children and paedophilic content, as well as to  fight financial and economic fraud, which are a plague on the internet. It  guarantees the ability to report to digital platforms that manage social media  and initiate proceedings in which the government will be involved. It is a law  that gives us the chance to defend ourselves against Russian disinformation and  illegal content,” said Krzysztof Gawkowski in the Sejm. He added: “We will  demand from digital platforms, not bow down to them.”

Previously, only internet platforms could decide whether to remove illegal  content.Under the new law, requests to block such content can be filed through  an administrative procedure conducted by the Office of Electronic  Communications (UKE) or the National Broadcasting Council (KRRiT).

As part of this procedure, the intermediary service provider (e.g., an internet  platform) will be required to promptly inform the issuing authority of any  action taken to comply. Failure to do so will be treated as a violation of DSA  rules.

All parties to the proceedings will retain the right to appeal decisions before a  common court, with procedural safeguards in place. Content authors will also  have the right to be heard. Providers who fail to comply with blocking orders  will face both civil liability and administrative fines.

The draft legislation provides for civil liability and administrative financial  penalties for providers who violate the regulations and fail to comply with the  decisions issued.

In situations where an internet platform mistakingly removes content it  considers illegal, the Polish Digital Services Coordinator, namely the President  of UKE or the Chairman of KRRiT, may order the content to be reinstated. This  mechanism ensures the adequate protection of freedom of speech.

The procedures on the part of the offices are designed to ensure swift action.  Depending on who submitted the application, they last 2 days (if the request  comes from the police or prosecutor,), 7 days (if submitted by a user or a trusted  flagger,) or 21 days (for particularly complex cases).

In total, the amendment sets out a transparent procedure covering 27 specified  criminal offences.

“Building a responsible state means building a strong shield that does not give  in to Russia in cyberspace. That is the purpose of this legislation and the  intention of the government,” Gawkowski emphasised.

By ih.