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EN
The conception of creating the public media in Poland pointed to the fact that these broadcasters had to fulfill the public mission. To this end the duty of paying the license fee in aid of this media sector was introduced. Only in this way the public media could remain independent. This article focuses on presenting regulations concerning the public charge and describing difficulties in the field of collection of this license fee. This analysis shows that the Polish system of the collecting of the license fee cannot be effective.
EN
Article 18 of the Broadcasting Act contains among other things regulations pointing that broadcasters cannot show programs, which encourage actions contrary to law, propagate attitudes and beliefs contrary to the moral values and social interest, include broadcasts discriminating on grounds of race, sex and nationality, do not respect the religious beliefs of the public, especially the Christian system of values. Regulations also forbid to broadcast programs which may threaten the physical, mental or moral development of minors. The paper presents examples of broadcasts whose contents break the regulations of the article 18. These are going to be the cases which were brought under control of the National Broadcasting Council, because in accordance with the Broadcasting Act this regulatory is entitled to enforce this Act and call broadcasters to account. The paper also shows the Council’s activity concerning creating precise regulations as to the protection of the youngest audience from harmful broadcasts. This article includes the assessment of the activities of the Council itself in the field of program supervision of broadcasters.
EN
Several times the present parliament has made an effort to amend the Broadcasting Act and change regulation concerning the National Broadcasting Council. The proposal of amendments, which could modify the shape of the Council to the largest extent, was presented at the end of 2007. The change of the Broadcasting Act passed by this proposal, however, was vetoed by the President and did not come into effect. Criticizing this conception of amendment the author of the article simultaneously presents the opinions of media law experts and their interpretations of the Council position among the state organs which can show how this regulatory should be formed in the future.
EN
European Union Directive on Audiovisual Media Services imposed the obligation to incorporate regulation concerning video on demand as non­‑linear service into national law. Poland accomplished it in 2012. There had been disputes over the definition of new medium before this regulation was passed. The aim of this article is to show new regulations, controversies about these regulations and also status of their implementation. This article answers the question, among other things, about method of protection of youngest viewers from an access to harmful content in the video on demand services.
EN
The aim of this article is to show effects of activity of the most popular in the world Web search engine, using personalized search and building profiles of each of its users. Personalized search concerns a trend of customization: a searcher get such kind of information which meets his interests, dreams, social status. It implies that there is the highest relevance of the search results but on the other hand it carries serious consequences of limited access to a wide range of knowledge. Eli Pariser called this phenomenon “filter bubble”. Internet users are shut in the world of their opinions, prejudices, they do not have chance to encounter across the unknown. Customization of Web search results requires collecting complete knowledge of each of Internet user, in other words to build a profile. However, users do not realize that their profiles are build and Google can know more about them than themselves. The European Union wants to resist this situation. The article also shows legal solutions which can regulate using personal data for profiling.
EN
Users, who take advantage of the digital media, gradually lose their privacy. Internet corporations and national governments use the new technology to track people. It is impossible to avoid the surveillance. Common users will not cope with the fight with Internet giants and state administrations. Helen Nissenbaum and Finn Brunton recommend the defense against the domination of the strong ones. They present the strategy of the obfuscation, i.e. such activity while using the digital media, which will not allow to collect true information about the user, because the information noise will be formed around him. The aim of this article is to show the examples of the digital surveillance, and to present the reaction to this surveillance, namely, the strategy of the obfuscation.
PL
Strategia zaciemniania jako odpowiedź na cyfrową inwigilację. Użytkownicy korzystający z mediów cyfrowych stopniowo tracą swoją prywatność. Przedsiębiorstwa internetowe i rządy państw wykorzystują nowe technologie do śledzenia ludzi. Nie jest możliwe uchronienie się przed inwigilacją. Zwykli użytkownicy nie poradzą sobie w konfrontacji z gigantami internetowymi i państwami. Helen Nissenbaum i Finn Brunton proponują obronę przed dominacją silnych. Przedstawiają strategię zaciemniania, czyli taką aktywność podczas korzystania z mediów cyfrowych, która nie pozwoli na zebranie prawdziwych informacji o użytkowniku, ponieważ wokół niego zostanie stworzony szum informacyjny. Celem artykułu jest pokazanie przykładów cyfrowej inwigilacji i przedstawienie odpowiedzi na tę inwigilację, czyli strategii zaciemniania.
EN
The conception of the public media assumed their isolation from state authorities and party impact. The assumption was failed to be achieved. The article shows the mechanism of politicization of the supervisory boards and boards of management in public media companies. The aim of this article was to analyze personnel makeup of these organs and to define political connections of individual members. This research emphasizes the action of the National Broadcasting Council as one of the element making the public media dependent on parties.
EN
Executing the paragraph about accepting or rejecting the Council’s report. The National Broadcasting Council is the organ appointed to oversee the media’s area in Poland. This is the independent body. However, the Council bears responsibility before the Sejm, the Senate and the President. Every year the Council submits to the Sejm, the Senate and the President an annual report on its activities during the preceding year. Members of Parliament and senators vote for accepting or rejecting this document. If both the Sejm and the Senate reject the Council’s report and the President approves the rejection of this document, the term of office of the Council expires. The paper shows, how the paragraph about responsibility of the Council before the Sejm, the Senate and the President was executed during 17 years the existence of the body. This paper presents decisions of the Sejm and the Senate concerning accepting or rejecting Council’s reports in respective years, an analysis of parliamentary debates, reproofs contained in regulations about accepting or rejecting Council’s reports for a given period of time. The last part of the paper includes the analysis of the situation in 2010, when for the first time in the history of the Council both the parliament and the President decided that this organ would be dissolved. The responsibility of The National Broadcasting Council before the parliament and the President. Executing the paragraph about accepting or rejecting the Council’s report.
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