by Vilasini Nathan and Raymond Leung
Policy Pro/Con is a series designed to inform readers on the positives and the negatives of certain policies. Keep in mind that these arguments do not necessarily reflect the opinions of BTHS, the editors, The Helix, or even the writers. They are meant to present both sides of a topic.
Polish Minister of Justice Zbigniew Ziobro and Deputy Minister of Justice Sebastian Kaleta presenting the “Act on the protection of freedom of speech on online social networks” at a press conference on December 17. 2020. [Communication and Promotion Office Ministry of Justice, 2020]
Pro
by Vilasini Nathan
In response to the recent events of the U.S. Capitol riots and former President Trump’s ban from Twitter, Poland has drafted an act protecting freedom of speech on social media sites, thus preventing these sites from removing posts from users that do not break the Polish law (Taylor, 2021). This law has sparked controversy over whether it may have underlying political agendas or if it could be harmful to internet users. However, this new act should overall be considered beneficial and necessary as it will protect freedom of speech and allow a greater diversity of views to be presented and accepted.
To begin, it is important to understand what the act entails. This act essentially targets Big Tech by restricting online social networks from taking down content posted by users or their accounts (Kaleta, 2021). If an online service does take down a user’s content or account, users can then submit a complaint to the service. The service should work to resolve the issue within 48 hours. If the service believes that the content or account is unlawful (specifically if the content is believed to be disinformation, be criminal content, violate personal rights, or praise violence, suffering, or humiliation), then the decision goes to the “Freedom of Speech Council” (Act on the protection of freedom of speech on online social networks, 2021). The Freedom of Speech Council is a specific council created by the Polish government to determine whether something is lawful and protected by the freedom of speech. If the service fails to restore the content or account if it is found to be lawful, the service can be fined up to 50 million zlotys, about $13.35 million (Charlish, 2021).
Overall, the act itself works to protect freedom of speech on social media platforms. This is important and essential for several reasons. As stated by Minister of Justice Zbigniew Ziobro, there is an increasing amount of disinformation going up on the internet, and someone who this disinformation targets may be unable to defend themselves without this act protecting their right to freedom of speech. This act will promote the balance of free, lawful debate on the internet, without Big Tech services removing content that they view as problematic (Communication and Promotion Office Ministry of Justice, 2020). Since Poland once lived under a communist regime that levied censorship, Polish citizens are especially sensitive to restrictions that limit their freedom of expression, and this act ensures that this freedom will not be curtailed (Kaleta, 2021).
The act will also allow the Polish government to have full judicial control over social networks (Communication and Promotion Office Ministry of Justice, 2020). Although this initially sounds as if it would restrict the rights, it is important to put this in the context of what the act entails. The Polish government cannot abuse the act to take down content as they see fit; they can only take down reported content that violates the law. This will be conducive to making the Internet and social media a safer and more lawful place for all users.
There are, however, several concerns about this act. The current ruling party in Poland is the Law and Justice (PiS) Party, which is socially conservative (Charlish, 2021). Some are fearful that the Party could abuse this act to fulfill their right-wing political agenda. Again, it is important to put this in the context of the act. The government itself would not be able to remove content and accounts from the Internet as it pleases—the content or account would have to first be reported to the Freedom of Speech Council, and from there the Council would have to decide whether the content is lawful or not. This means the government actually would not be able to utilize social media sites to its advantage, and therefore could not be used to fulfill a political agenda.
Another concern is such freedom of speech being “too free”. More specifically, some are afraid that social media platforms could be used to incite violent behavior, such as the tweets sent out by Mr. Trump which may have incited the mob violence at the Capitol in early January. However, the guidelines outlined by the act would prevent this from occurring. As stated previously, anything which “praises violence, suffering, or humiliation” is considered unlawful content, and it would thus be removed from the social media site in accordance with the act. This means that the act would actually prevent any content that could potentially incite violent behavior and hence, genuinely be illegal, from being kept on social media sites.
All in all, Poland’s anti-censorship act should be considered overall beneficial. It will actively work to protect freedom of expression on the internet. The act will also prevent the spread of misinformation and help keep social media services lawful and safe. It should overall be considered a favorable policy that will encourage safe, open communication of views on the internet.
Con
by Raymond Leung
As an ally of Former President Donald Trump, who was recently banned from Twitter, the Polish government has decided to pass a law that would guarantee freedom of speech on social media platforms. The new law has sparked some controversy over whether the true intentions of the law were for political benefits or if this could cause future problems; for example, spreading malicious intent. Despite the advantages this new act might bring, its detriments exceed the benefits, because of the massive amount of abusable power given to the government
This law targets companies with large media influence like Facebook, which have the power to restrict or delete information that people post on social media. In addition, it allows those who have had their information restricted to file complaints to a Free Speech Council. Then, these Councils check to see if the company is guilty of restricting the person’s information. If the company is found guilty of deleting information that does not go against Polish law, then they could be fined up to 50 million zlotys (13.35 million USD).
In addition, it puts too much abusable power in the government’s hands. Members of the Free Speech Council could take bribes from these large companies to influence their decisions. Furthermore, there are no precautionary measures set in place to prevent the corruption of the government. With the government collaborating with influential tech companies, they could create an illusion of freedom to the citizens of Poland while having complete control over the media.
Also, this law could unintentionally spread violence, such as the mob violence in the capital that occurred in early January. Although the Polish government labeled promoting violence as unlawful, those who are looking to purposefully incite it are aware of this. They will still be able to post extremely vague messages that can be interpreted differently to different groups which could be possible via code words. This can allow them to defend themselves against both tech companies and the Free Speech Council.
Though many argue that the freedom of speech that this law gives the people is necessary, it is in their best interest that the power is not transitioned to the government to prevent them from abusing their position and potentially causing a worse situation for the people of Poland. If people want to share their ideas more openly without the risk of being censored, they should talk in person with others where there is no risk of being censored by tech companies.
Overall, the anti-censorship law that the Polish government is passing is unnecessary and could cause more harm than good. Although it may look good on paper, it does not have enough precautionary measures to fully ensure the safety of its people.
Sources
Communication and Promotion Office Ministry of Justice. (2020, December 17). Przełomowa Ustawa O Ochronie wolności słowa w Internecie. Retrieved February 27, 2021, from https://www.gov.pl/web/sprawiedliwosc/przelomowa-ustawa-o-ochronie-wolnosci-slowa-w-internecie
Easton, A. (2021, January 15). Poland proposes social media 'free speech' law. BBC. Retrieved February 26, 2021, from https://www.bbc.com/news/technology-55678502
Kaleta, S. (2021, January 21). Why I Decided To Regulate Big Tech in Poland. Newsweek. Retrieved February 27, 2021, from https://www.newsweek.com/why-i-decided-regulate-big-tech-poland-opinion-1562819
Taylor, A. (2021, January 16). Leaders in Mexico and Poland look to curb power of social media giants after Trump bans. The Washington Post. Retrieved February 26, 2021, from https://www.washingtonpost.com/world/2021/01/16/mexico-poland-social-media-trump/
Ustawa o ochronie wolności słowa w internetowych serwisach społecznościowych [Act on the protection of freedom of speech on online social networks], P.M.J. (2021)
Charlish, A. (2021, January 15). Poland targets big tech with anti-censorship law. Reuters. https://www.reuters.com/article/poland-politics-internet/poland-targets-big-tech-with-anti-censorship-law-idINKBN29K235