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THE POLISH MEDIA LAW AMENDMENT (BROADCASTING ACT) – PROVISIONS, CONTROVERSIES AND ITS INTERNATIONAL LAW CONSEQUENCES

On 11th August 2021 Poland’s lower house of parliament passed an Amendment Act to the Act of 29 December 1992 on broadcasting (radio and television)[1]. This draft law aroused vast controversies and interest both among the Polish and international society. The draft law has been submitted to the Sejm (lower house of the Polish parliament) at the beginning of July 2021 and after one month the Amendment Act was passed by the Sejm and has been conveyed to the Senate (the higher house of Polish parliament) and President. Thus, the Sejm enactment was only the first instance of the legislative process, now the Senate will get on the Act.

To see the legislation path in Sejm: https://www.sejm.gov.pl/sejm9.nsf/PrzebiegProc.xsp?nr=1389

Before we move to the Amendment Act itself, at first we will begin by outlining the general legal frames of the Broadcasting Act.

MEDIA LAW – POLISH REGULATIONS

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THE POLISH ADMINISTRATIVE PROCEDURE CODE AMENDMENT IMPORTANT FROM THE PERSPECTIVE OF POST-WAR POLISH PROPERTIES LEGAL STATUS AND POLISH OWNERS OF JEWISH ORIGIN

On 11 August 2021 the Polish Act of Administrative Procedure Code Amendment was passed by the Polish lower house of the Parliament after the Senate’s adjustment consideration. On 14 August 2021 the Amendment Act was signed by the Polish president and on 16 August 2021 was published in the Polish Official Journal of Laws. As we can read on the official websites and from the official Ministry of Justice statement (from the ministerial conference):

The amendment to the Polish Administrative Procedure Code protects the interests of thousands of Polish citizens who are uncertain about the fate of properties important to them. The provisions passed by the Sejm dismiss the spectre of never-ending claims against the State Treasury. [1]

This statement should be read in the context of the real estate’s reprivatization socio-legal problem, to which politicians have mainly referred. [2]

It is worth to notice that this amendment implemented Constitutional Tribunal judgement of 2015 (P 46/13) on the inconsistency with the Polish Constitution of previous procedural articles and there are a lot of critical voices about recent amendment, for instance here:

https://www.prawo.pl/samorzad/niewaznosc-decyzji-administracyjnych-niebezpieczna-nowelizacja,510006.html

To see the Constitutional Tribunal judgement: https://sip.lex.pl/#/jurisprudence/521776428.

THE AMENDMENT ACT PROVISIONS

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KIELTYKA GLADKOWSKI took part in the Idea Growth Power Lunch Summit on i-gaming and sports betting

On September 13 and 14, 2021, KIELTYKA GLADKOWSKI took part in two webinars, organised by Idea Growth (https://ideagrowth.org/), concerning the broadly understood i-gaming and sports betting, which are one of the core specializations of technology sector of KIELTYKA GLADKOWSKI. Each of the webinars had the form of a short 1-hour condensed session conducted by the experts of the above-mentioned fields.

On Monday, September 13, 2021, the first webinar addressed “the imperative of advertising to acquire customers while respecting various state laws and prioritizing responsible gaming practices.”

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Electronic currency volatility in the recent El Salvador case

The bitcoin currency has been experiencing its peak moments for a long time. Many consider bitcoin to be an easy way to earn money, and others consider it to be the “currency of the future”. Unfortunately, this view may be in future verified, as can be seen on the example of the Republic of El Salvador.

On September 7, 2021, El Salvador officially adopted bitcoin as an official and legal tender, making the cryptocurrency an accepted means of exchange for goods and services. The euphoria and optimism related to the changes did not last long, because on the same day, there was a huge drop in the value of bitcoin. Within moments on Tuesday, September 7, bitcoin’s value plunged 17% and ended its decline on Wednesday by around 10%. Other digital assets also fell. According to Kraken (the cryptocurrency exchange in general), Cardano’s token (ADA) and the second largest cryptocurrency, Ether, fell 18% and around 13% respectively. (As of September 8 at 5:00 p.m.).

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Risks of foreign investments in Polish technology start-ups

publication date: September 30, 2021text updated on January 23, 2023

It is currently accepted that only 5% of start-ups in the technology industry are successful. This fact means that, in principle, the investor has as much as a 95% risk of losing money. However, if the investment turns out to work with no failure the investors may gain millions.

The more innovative the subject matter the bigger the risk

A good example of a risky investment is a highly discussed case of Elizabeth Holmes. She is the founder of  biotech start-up, Theranos. The main concept of her business was to create a blood-testing method which promises to detect a range of illnesses with just a prick on the fingertip. She based her business idea on her fear of needles. One device would replace professional laboratory machines. The technology was supposed to revolutionize the healthcare industry. As this idea seemed futuristic and  innovative it is no surprise that it seduced many high-profile investors that invested millions into this business.  Silicon Valley investors have poured more than $200 million into projects in the past years to build a device that analyzes blood – according to ‘Financial Times’. However, in 2015 it emerged the blood-testing devices did not work and Theranos was doing most of its testing on commercially available machines made by other manufacturers. The company shut down three years later. Numerous problems have arisen since then. The invention gave false results, resulted to undetected diseases. As it later turned out, it was not the machine that tested the samples, but a team of people appointed to do so. The machine was only an object of advertising and marketing. Now Ms. Holmes faces 12 fraud charges and she is accused of deceiving investors and patients with defrauding investors through a ‘sophisticated, multi-year fraud’.

The business obtained one of its first financings in 2004 from a well-known investor from Silicon Valley, Tim Draper. Theranos founder began collaboration with former senior U.S. government officials to serve on the board of directors. Among them were: George Shultz (former Secretary of Labor, Treasury, and State of the US government), Gen. James Mattis (US Secretary of Defense), Henry Kissinger (former Secretary of State), William Perry (former Secretary of Defense), Betsy DeVos (US Secretary of Education) and many other successful individuals.

It sounds surprising that highly respectable, influential people did not even ask Holmes for detailed financial analysis and accurate product information. They have lost millions of dollars because of being too superficial in their due diligence.  

Polish tech and software start-up scene

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