PolandUstawa o radiofonii i telewizji, Watershed Hours and Content Labeling for Content Harmful to Minors
Ustawa o radiofonii i telewizji art. 18 (tekst jednolity Dz.U. 2022 poz. 1722)
In force.
An adult content age verification (AV) rule binding private bodies.
- Covered services
- Television and radio broadcasters licensed or registered in Poland
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Audit expectation
- none
What it requires
- Applies to television and radio broadcasters licensed or registered in Poland.
- Do not broadcast a programme or other transmission that endangers a minor's physical, psychological or moral development, in particular one carrying pornographic content or unjustifiably exposing violence.
- Broadcast a programme or transmission that could negatively affect a minor's proper physical, psychological or moral development (other than content the outright ban already covers) only between 23:00 and 06:00.
- 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.
These lines are LexLint's reading of the law's text. Also read by: Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council, KRRiT) (guidance, recorded ).
Who enforces it
Enforcement body
Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council)
Settledness
- As of
- Guidance link
- https://www.gov.pl/web/krrit/kwalifikowanie-i-oznaczanie-audycji-w-radiu-i-telewizji
- Guidance body
- Krajowa Rada Radiofonii i Telewizji (National Broadcasting Council, KRRiT)
- Open questions
- Does content with 'sceny lub treści mogące mieć negatywny wpływ' (scenes or content that may have a negative effect) on minors fall under the watershed rule of Article 18(5) of the Ustawa o radiofonii i telewizji or under the ban in Article 18(4), when paragraph 4 bars content 'zagrażających' (endangering) minors' development, 'w szczególności' (in particular) pornographic or unjustifiably violent content, and paragraph 5 covers other content 'inne niż te, o których mowa w ust. 4'?
What it makes you log
Logging duty
Article 18(5) allows content that could harm minors only between 23:00 and 06:00, and Article 18(5a) and (5b) require broadcasters to classify and label programmes with graphic symbols or a spoken notice. These are labeling and scheduling duties and require no log of viewers or age checks. Article 20, outside the provisions this entry covers, separately requires a broadcaster to record its programmes and keep the recordings for 28 days.
- Kind
- None
- As of
What this law does
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 amending the Act on Radio and Television Broadcasting. Those paragraphs took effect on .
When LexLint raises it
When your app profile says your app publishes adult content.
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