Abstract

The article discusses the current approach to the must carry/must offer principle regulated in Art. 43 et seq. of the Broadcasting Act, which, among others, associates the term of an „operator” obliged to distribute programs of specific broadcasters with an entity that at least controls the telecommunications network, and confronts them with recent rulings of the Court of Justice of the EU (judgment of 13 December 2018 in case C-298/17), as well as the Supreme Administrative Court (judgment of 8 May 2019, II GSK 1262/17) and the Voivodship Administrative Court in Warsaw (judgment of 5 June 2019, VI SA / Wa 344/19) – from which it follows that under the Polish Act the must carry obligation also concerns IP TV operators, i.e. entities distributing programs on the “open” Internet (most often through direct streaming of signals of broadcasters covered by the must offer obligation).