Monitor Prawniczy
no. 5/2022
The unconditional nature of the consent for retransmitting programmes covered by the must carry / must offer rule – the position of the KRRiT of 27 January 2022
DOI: 10.32027/MOP.22.5.4
Autor jest adwokatem, Senior Associate w Kancelarii Traple Konarski Podrecki i Wspólnicy; ORCID: 0000-0002-7421-9983.
Abstract
On 27 January 2022 the National Broadcasting Council (KRRiT) published its position concerning interpretation of the provisions regulating retransmission of programmes covered by the must carry/must offer rule. In light of the abovementioned position it may be inferred that that the broadcaster’s consent, referred to in Art. 43.2 of the Broadcasting Act, for retransmission of programmes should be absolutely unconditional. This is just another round of the dispute between broadcasters obliged to make programmes available and operators whose duty is to transmit those programmes. The Council's position undoubtedly provides support to online operators who use the streaming technology for disseminating programmes, though in a clash between broadcasters and operators it is the viewers that may ultimately benefit.