The Sejm has passed the law on blocking illegal content online again
After the president's veto in January, MPs adopted a new version of the regulations implementing the EU Digital Services Act. Blocking orders will be carried out by internet service providers, including services with user-generated content.
On Thursday, 8 October, the Sejm passed an amendment to the Act on the Provision of Electronic Services. Courts and competent authorities, including the President of the Office of Electronic Communications (UKE), will be able to order restrictions on access to unlawful content, for example content related to crimes, hate or fraud. 242 MPs voted in favor of the law, 61 were against, and 136 abstained. The information was reported by PAP, followed by, among others, Wirtualne Media and Spider's Web.
The law implements Articles 9 and 10 of the DSA (Digital Services Act, an EU regulation fully applicable since 17 February 2024). This is the second attempt after President Karol Nawrocki's veto in January. The president signed a separate law, which designates the President of UKE as the national Digital Services Coordinator, on 4 September. For failing to implement the DSA, Poland faces financial penalties from the Court of Justice of the EU.
The orders will be carried out by internet service providers, including platforms. Before a case is referred to an authority, the content reporting system provided by the service provider itself must be used first. The author of blocked content will be able to request that access be restored and appeal the decision to a common court. The orders will not be enforced automatically, because they may first be challenged in court.
An exception applies to urgent cases with immediate enforceability. An amendment adopted by PiS and Polska 2050 covers pornographic content involving minors, animals or of a drastic nature. Prosecutors, the Police, the National Revenue Administration and the Border Guard will be able to request swift blocks, including in cases of child sexual abuse, identity theft, fraud and copyright infringements. The register of websites disseminating illegal content will be maintained by the President of UKE.
“We must have a stick over digital platforms” - said Digital Affairs Minister Krzysztof Gawkowski in the Sejm. Head of the President's Chancellery Zbigniew Bogucki said that the bill differs little from the vetoed one, and announced that if the Sejm adopts a good law, the president will sign it. The amendment will now go to the Senate.
For companies operating services with user-generated content, the starting point is their own reporting mechanism. Already under the DSA, even micro and small companies must have a contact point, terms and conditions with moderation rules, and a functioning system for reporting illegal content.