Poland

Ustawa o radiofonii i telewizji art. 47p (tekst jednolity Dz.U. 2022 poz. 1722)

Effective 2021-11-01 · Applies to private

A video-sharing platform provider must create and operate effective technical safeguards, including parental-control systems or other appropriate measures, protecting minors from programmes, user-generated video, or other content that could harm their proper physical, psychological, or moral development, in particular pornographic content or content unjustifiably exposing violence, and must let a platform user classify the programmes, user-generated video, or other content they upload and apply those same technical safeguards to it.

Personal data of minors collected or otherwise generated by a video-sharing platform provider for this child-protection duty may not be processed for commercial purposes such as direct marketing, profiling, or behaviourally targeted advertising, or otherwise used for those purposes in supplying that platform, another video-sharing platform, or a media service.

Source: Full text of law

Rządowy projekt ustawy o ochronie małoletnich przed dostępem do treści pornograficznych w internecie, druk sejmowy nr 2697

Applies to private

The government bill would require a service provider that enables access to pornographic content to apply an age-verification mechanism and to prevent minors from accessing that content. An age-verification mechanism could not rely on a self-declaration of age. The bill names, as an age-verification mechanism in particular, the use of an electronic attestation of an attribute confirming age, made available within the European Digital Identity Wallet.

The bill defines a minor as a natural person who has not completed eighteen years of age. The President of the Office of Electronic Communications would keep a register of domain names, in an IT system that passes the entries on automatically to internet access providers. An internet access provider would have to prevent access, free of charge, to websites using a domain name entered in the register, no later than 48 hours after the entry.

The fine on a service provider that fails the age-verification duty would range from 10,000 to 1,000,000 zlotys. The President would also impose a fine on an internet access provider that fails its duties under Article 15 of the bill. The fine on an internet access provider would not exceed 250,000 zlotys. The bill would enter into force 12 months after its promulgation. The Prime Minister presented the bill to the Sejm under Article 118(1) of the Constitution. The Sejm's record of the bill shows first reading in committees on 1 July 2026.

Source: Full text of law

Ustawa o radiofonii i telewizji art. 18 (tekst jednolity Dz.U. 2022 poz. 1722)

Applies to private

Broadcasting a programme or other transmission that endangers a minor's physical, psychological, or moral development is prohibited, in particular one carrying pornographic content or unjustifiably exposing violence. A programme or other transmission carrying scenes or content that could negatively affect a minor's proper physical, psychological, or moral development, other than the content the outright ban already covers, may be broadcast only between 23:00 and 06:00.

A broadcaster must classify and label such a programme or transmission with an appropriate graphic symbol throughout its television broadcast, indicating that its content could negatively affect a minor's development. Paragraphs 5a, 5b and 6, on classifying and labeling such content, were put in their present wording by the Act of 11 August 2021 amending the Act on Radio and Television Broadcasting. Those paragraphs took effect on 1 November 2021.

Source: Full text of law