KRRiT and the millions withheld. The Supreme Audit Office reacts

NIK on notification regarding freezing of PLN 337 million in revenues from TVN24 subscription fees by KRRiT

The Supreme Audit Office has issued a notification regarding a suspected crime allegedly committed by the National Broadcasting Council concerning the transfer of over PLN 337 million to a court deposit instead of to public broadcasting entities. In reaction, the chairman of the National Broadcasting Council, Maciej Świrski, stated that he is contemplating filing a report with the prosecutor’s office against the president of the Supreme Audit Office, Marian Banaś, for overstepping his authority.

During the press conference on Thursday, representatives of NIK announced that „the Supreme Audit Office identified several irregularities in the operations of the National Broadcasting Council and the National Media Council (RMN – ed.) during the period from 2016 to the first half of 2024”.

– The most significant issue pertains to the National Council’s adoption of resolutions without a proper legal basis, through which its chairman allocated funds from subscription fees – exceeding PLN 337 million – to a court deposit in the first half of 2024, instead of directing them to 19 public radio and television broadcasting entities for fulfilling the public mission – it was stressed.

In this context, NIK has prepared a notification of suspicion regarding a crime involving the exceeding of authority or the failure to fulfill obligations by public officials.

Acting director of the Department of Science, Education and National Heritage of the Supreme Audit Office, Sławomir Żyła, and acting deputy director of the Department of Science, Education and National Heritage of the Supreme Audit Office, Konrad Janiec PAP/Leszek Szymański

NIK: irregularities in the National Broadcasting Council

Other significant irregularities highlighted included, among others: the duration of proceedings by the National Broadcasting Council concerning the granting of concessions for program distribution, the issuance of decisions by the Chairman of the National Broadcasting Council just 2-3 days before the concession’s expiration, the approach to registering and addressing complaints and applications submitted to the National Broadcasting Council, and the National Media Council’s failure to establish guidelines and procedures for the appointment and dismissal of members of media entities’ governing bodies.

NIK criticized the prolonged duration of proceedings conducted by the National Broadcasting Council for granting concessions for program distribution, with some cases extending beyond 19 and 22 months.

It was also noted that between 2016 and 2024 (first half), the Chairman of the National Broadcasting Council oversaw proceedings regarding breaches of the Broadcasting Act, often exceeding the deadlines established by the Code of Administrative Procedure, thus prolonging these processes.

However, it was observed that „the decisions imposing financial penalties – within the legal limits – were issued by the Chairman of the National Broadcasting Council promptly, i.e., before the deadlines specified in the Broadcasting Act”.

From 2016 to 2024 (H1), the Chairman of the National Broadcasting Council imposed 304 fines for violations of the Broadcasting Act, totaling over PLN 7 million. In 17 of the 22 cases reviewed during the audit, entities appealed the decisions made by the Chairman of the National Broadcasting Council to the District Court in Warsaw – the commercial court.

NIK also expressed concerns regarding the enforcement of payment of fines levied against two broadcasters – TVN and Inforadio – even though the decisions were not final due to pending appeals.

National Media Council

Additionally, it was reported that from 2016 to 2024 (up until June 30), the Chancellery of the Sejm expended nearly PLN 9 million on the operations and maintenance of the National Media Council, which was assigned responsibilities that had previously belonged to the National Broadcasting Council until December 31, 2015.

The Constitutional Tribunal had previously ruled on December 13, 2016, declaring unconstitutional the provisions of the Act of December 30, 2015, which stripped the National Broadcasting Council of its influence over the appointment of members to public radio and television entities, transferring those powers to the National Media Council.

Irregularities in the operations of the RMN were also noted. „Detailed guidelines and protocols for the appointment and dismissal of media company governing bodies have not been established. Furthermore, it was determined that there are no statutory requirements governing the procedures for appointing and dismissing members of management and supervisory boards of media companies by the RMN, nor do regulations obligate the RMN to address these matters,” reported the Supreme Audit Office.

From 2016 to 2024, only two competitions were held for the role of president of the management board of media companies, and in the competition for the role of president of the TVP management board, the National Media Council advanced a candidate to the second stage who did not meet the qualifications outlined in the competition rules.

Moreover, NIK established that the RMN did not require candidates for the supervisory boards of public radio and television companies to provide documentation demonstrating their compliance with the requirements specified

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