The veto and its causes
President Karol Nawrocki vetoed a government bill that granted new powers to block harmful online content, arguing the measures could be used to introduce "censorship". I find his refusal to pass these measures a clear choice to prioritize individual liberties over the state’s ability to regulate digital spaces. Nawrocki, who aligns with the right-wing opposition, claimed the government mixed European obligations with political interests. He specifically argued that the bill could create a "censorship official" and give the government arbitrary control over what citizens can say, write, or publish. The president also stated that decisions regarding content should remain the exclusive competence of the justice system and independent judges. Nawrocki also said the powers were disproportionate, as they could allow an entire domain to be blocked because of a single example of illegal content. "The security of citizens cannot be a pretext for weakening their freedoms," Nawrocki said. He maintained that a responsible state must ensure and balance both security and freedom.
Legislative details and reactions
The veto follows a split in legislation after Nawrocki vetoed an earlier version of the Digital Services Act implementation in January, which he called "Owellian". While the president signed a separate bill in September that appointed the UKE president as the digital services coordinator, this second bill passed the parliament in October. The rejected legislation included provisions for the heads of UKE and the National Broadcasting Council (KRRiT) to order the blocking of content involving violence or threats based on race, nationality, ethnicity, religion, or political affiliation. The legislation also allowed the police or a prosecutor to request the immediate blocking of content involving murder contracts or the incitement of suicide or self-harm. Prime Minister Donald Tusk accused Nawrocki of waging war on the government at the expense of Polish children and Polish security. Digital affairs minister Krzysztof Gawkowski argued the state needs effective tools to respond to threats, especially following last month’s school stabbings and this month’s deadly terrorist attack in Krakow. Deputy digital affairs minister Dariusz Standerski said the president is siding with global digital platforms rather than defending free speech. The ministry also noted that all decisions on whether content is permitted or not were subject to appeals and judicial review, adding that the provisions concerned illegal content rather than opinions or views expressed online. Przemyslaw Czarnek, deputy leader of Law and Justice, praised the veto and told TV Trwam the measures were intended to fight the opposition rather than hate speech.
