MEDIA LAW

The lawyers of MSM have been advising on media law since the very beginning of the Polish free media market, i.e., since censorship was abolished. We advise both traditional and Internet media publishers, distributors, and radio and TV broadcasters.

In the television market, we have advised free-to-air, satellite and cable broadcasters. We have been engaged in the legal aspects of movie production, including animated movies and have provided opinions on the legal issues of dubbing and “colorizing” black-and-white movies.

The broad scope of M&S legal advice on media law comprises the following matters:

• day-to-day advice for a publishing house specialising in classical literature;
• legal opinions for television program producers;
• advice for a satellite television broadcaster in relation to the launch of an erotic program;
• legal opinion concerning the definition of a “program originally made in the Polish language”, as provided in the Law on Radio and Television Broadcasting;
• classification of certain activities on the mass media market as acts of unfair competition;
• legal relations of broadcasters with the Broadcasting Council, including the issue of broadcasting permits;
• legal justification to demand fees by television producers in relation to the exploitation by third parties of their exclusive rights in cable and non-cable re-emission;
• legal opinion on the qualification of certain television broadcasting content as “press” within the meaning of the Press Law and the resulting obligation to register such content as “dailies or periodicals”;
• legal advice concerning the broadcasting of transborder television programs;
• legal opinion on certain aspects of advertising beer in television programs and the sponsoring of media programs by beer producers and distributors;
• advice in matters related to the prohibited advertising published in various media.

Legislative activities (drafts and opinions)

Professor Janusz Barta participated in the drafting of a “citizens’ initiative” project of the Press Law.