The Decision of the Chairman of the KRRiT imposing a fine of PLN 80,000.00 on the Broadcaster – TOK FM
28.04.2023
The decision is the result of proceedings in which the company Inforadio Sp. z o.o. was found to have violated Article 18(1) of the Broadcasting Act by emitting a programme entitled "Pierwsze śniadanie w TOK - u” (trans.: The First Breakfast on TOK FM) on – TOK FM - Pierwsze Radio Informacyjne, which was broadcast on 7 June 2022 at 6:00 a.m, promoting unlawful actions, views and attitudes contrary to morality and social welfare, and containing content inciting hatred and discriminatory content.
In the course of the proceedings, it was established that the programme humiliated and violated the dignity of the victims of the Second World War, including Jews. There was discriminatory content and incitement to hatred based on political views. Insults and stigmatising terms were used against Professor Wojciech Roszkowski, violating his constitutionally guaranteed dignity.
The programme was unreliably prepared; it was limited to quoting random excerpts of the book, which were made available on the publisher's website prior to the publication of the textbook, rather than a comprehensive analysis of the entire work.
In imposing the fine, the Chairman of the KRRiT noted that "journalists have the right to describe events that may outrage the public. However, this must be done with professional care and integrity in the gathering and use of material".
Pursuant to Article 53(1) of the Broadcasting Act (further: the ‘Act'), if a Broadcaster violates its obligations under Article 18(1) of the Act, the Chairman of the KRRiT shall issue a decision imposing a fine of up to 50 per cent of the annual fee on the Broadcaster for the right to dispose of the frequency intended for emitting the programme, taking into account the scope and degree of harmfulness of the violation, the Broadcaster's previous activities and its financial capacity.