The fee for using a radio receiver is PLN 7.50 per month, and owners of TVs or TVs and radios have to pay PLN 24.50 per month. Due to the new regulation of the National Broadcasting Council on this matter, from next year the tariffs will increase to 8.70 PLN and 27.30 PLN per month. Those who decide to pay in advance for a longer period can count on a reduction in taxes.
In Poland, at least 3.7 million people don’t have to pay for an RTV subscription. This includes people over 75 years of age, citizens with a significant degree of disability, completely unable to work or belonging to the first disability group. The subscription must not be paid for by war and military invalids, people repressed during the Polish People’s Republic and people receiving a pension not exceeding half the average salary.
The legislation did not provide for Smart TV
The law on subscription fees was passed in April 2005, that is, just 2 months after the launch of YouTube, a few years before Smart TV sets appeared on the Polish market. In the mid-2000s, it was not expected that several years later the reception of television channels would be possible without an antenna or set-top box. Nobody predicted that most users might not use the TV at all to watch TV, but only to use VoD (video on demand) services. Such devices can be considered as a multimedia playback screen.
Does a person who owns a TV for Smart TV (e.g. with Android TV) and only uses applications such as Netflix, YouTube, Canal + online, Player, Amazon Prime Video, Disney + have to register the receiver and pay for a subscription? Assuming, of course, that there is no terrestrial antenna, cable box or satellite platform? – The occurrence or otherwise of the obligation to pay the subscription fee (the so-called subscription obligation) does not raise doubts in the case of traditional televisions and radios. On the other hand, other devices provided by modern technology allow reception in a slightly different way. Furthermore, often in their case, the reception is not about a television or radio program at all. For this reason it is not clear whether the subscription obligation should apply to them and whether, consequently, the owner of that device has to pay the subscription – explains in an interview with Wirtualnemedia.pl Aleksandra Kolbusz, lawyer of the law firm Media.
Refers to the Subscription Fee Act. It is stated that the prerequisites for the obligation to pay the fee are the possession of a radio or television receiver, which is a technical device suitable for receiving the program and the conditions of the receiver allow immediate reception of the program. Doubts may arise from the phrase “a receiver suitable for immediate program reception”.
“A special problem in two cases”
The lawyer points out that there are many types of streaming devices and services. Some offer VoD content only, others also linear channels, including those broadcast by Telewizja Polska (including TVP VOD, WP Pilot). – The lack of clarity about which devices the subscription obligation applies creates a particular problem in two cases: devices that do not have a terrestrial antenna, set-top box or satellite, but allow connection via the Internet (in particular platforms such as as Netflix, Youtube, Canal + online or Apple TV), Internet TV, which allows you to receive basic channels via streaming – notes Kolbusz.
For TVs with Netflix, Disney +, Amazon Prime Video, HBO Max and YouTube installed, the situation is clear. – In the first case we do not deal with the reception of a television program and, consequently, the payment of the subscription fee is not foreseen. Any content (movies, series) distributed by a particular platform can be reproduced by the user upon request at any time. Here because a person who uses the services of this type of application or platform does not have to pay a subscription fee. The condition is, however, that the device used by the user is not eligible to receive the program immediately. It is therefore a situation where the user watches the materials from a phone, computer, Smart TV or other device that is not connected to the TV signal at the same time – explains the representative of the Media law firm.
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Devices resulting from the expansion of new technologies
Do viewers with access to basic Internet TV channels have to register the handset and pay the subscription fee? – The subscription obligation does not apply in the second case either. Despite the fact that the reception of a TV program is possible and immediate (even if most of the time it is necessary to purchase such a service), and therefore all conditions 1-3 are met, these receivers are not covered by the obligation to subscription. This was established by the ruling of the Provincial Administrative Court of Warsaw of 5 September 2019 (file reference: VI SA / Wa 2415/18). The court ruled that: People who watch TV or listen to the radio using a computer, mobile phone or tablet and other devices not listed in the license fee law are not required to pay a radio and television subscription – reveals Kolbusz.
The Bezprawnik.pl website also refers to the 2013 Provincial Administrative Court decision. However, the Tariff Law does not provide for registration and tariffs in the case of devices created as a result of the expansion of new technologies. In the current act, the concept of radio and television receiver is “understood” in its traditional form of radio and television set and this is how a subscription should be considered a fee deriving from the possibility of receiving a program using these devices – the Court later explained.
The same goes for the radio
Similar doubts can concern not only televisions, but also smartphones. Although they allow the reception of analog FM radio less and less, all of them can be equipped with applications with audio streaming or prepared by individual broadcasters. – We have a similar situation, double in the case of audio-type devices. The first group (suitable for Netflix or Apple TV) will include devices that can be used to play audio content thanks to platforms such as Spotify, iTunes or Youtube. The owners of these devices are not obliged to pay subscription fees as long as the devices do not allow immediate reception of the program (radio signal). The second group would include devices that allow immediate reception of the program via the Internet, in a word: all. Then also the position of the Administrative Court of the Warsaw Voivodeship applies, according to which there is no obligation to pay a subscription fee just because a particular device has access to the Internet and can potentially receive a radio program in a search engine – warns the representative of the Media Law Firm.
We recently reported that some drivers who don’t register their car stereo may face the consequences. This obligation applies to corporate and private cars, if the owner does not pay the RTV subscription at home. Can Poczta Polska check vehicles in this regard and see if their owners pay for a subscription? – Pursuant to § 2 of the Regulation of the Minister of Administration and Digitization of 10 September 2013, the Financial Service Center is a unit of Poczta Polska SA authorized to carry out checks at national level on the registration of radio and television receivers and the obligation to pay a subscription fee for their use. Apart from the subjects competent to carry out the inspection, the conditions for carrying out the inspection have not been articulated in the provisions of this regulation or in the act itself. An employee of the Financial Service Center unit can therefore carry out any activity – justified by the control objectives – that leads to the determination of the fulfillment of the underwriting obligation. Like this the control can apply to all receiving devices under the law, including apartments, offices, company cars – replies the lawyer.
Aleksandra Kolbusz also recalls the consequences of delaying payments to this account. – If, following the inspection, a violation of the obligation is found, the inspector employee will draw up a report in which he will indicate the number of unregistered radio and television sets, and will issue a provision in which: (1) orders the registration of the liquidators and (2) determines the compensation due for unregistered receivers. This fee is thirty times the applicable monthly subscription fee on the day the unregistered recipient is discovered to have been used. This decision can be appealed, observes the representative of the law firm Media.
We recently reported that more and more people are having problems due to unsubscribing. – In the period from 1 January to 31 March 2022, no. 7,979 executive bonds issued by the creditor – Poczta Polska SA, with legal basis of the executive obligation “OPAB – Unpaid subscription fee for use by the trustee” – Wirtualnemedia.pl informed in May by the Ministry of Finance. This is almost three times more than in the previous year, because 2,714 such securities were issued at the time.The enforceable title is the basis for initiating enforcement proceedings.
How much will TVP and Polskie Radio receive from their subscription and remuneration?
In this year’s budget. Telewizja Polska saved PLN 2.066 billion from RTV subscription and subscription compensation. This is more than last year, when the public broadcaster got PLN 1.71 billion in compensation and PLN 331.4 million from the subscription fee. Even in the years 2014-2016, before receiving the first payment, the broadcaster had from 366 to 444 million PLN per year from the subscription itself. However, in 2010-2013 it was less than 300 million PLN per year. Polish radio will receive PLN 110.004 million (one year ago: PLN 125.91 million). Less money will also go to 17 regional Polish radio stations: PLN 99 million will be distributed (last year – PLN 112.66 million).
In April we informed that the Senate has received a bill to eliminate the radio and television subscription. If these regulations come into force, the Poles could have up to PLN 450 million in their pockets per year. However, the idea criticizes, among others, the Ministry of Culture and the National Council of Broadcasting. The president, Witold Kołodziejski, then stressed that the new regulations – if they were to enter – would cause an even greater destabilization of the public media financing system, radically reducing the amounts allocated to them – without introducing permanent and systemic solutions that compensate for these financial decreases.
The Council found that private subscribers currently represent 73% of the total. all the revenues of the subscription, therefore the liquidation of this source effectively means the cancellation of the subscription altogether. What’s more: in the future it will be impossible to grant broadcasters compensation for the lack of revenue from subscriptions. Another negative consequence of the introduction of the new solution would be the deprivation of Poczta Polska of the proceeds from the subscription fees.
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