Monetary penalties in the Broadcasting Act – critical analysis Cover Image

Kary pieniężne w ustawie o radiofonii i telewizji – analiza krytyczna
Monetary penalties in the Broadcasting Act – critical analysis

Author(s): Łukasz Gajek
Subject(s): Law, Constitution, Jurisprudence, National Economy
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: Broadcasting Act; administrative monetary penalties; administrative sanctions; The Chairman of the National Broadcasting Council

Summary/Abstract: The article is devoted to the analysis of provisions on monetary penalties contained in the Broadcasting Act. Assessed herein were the method of describing the characteristics of administrative delicts, the conditions for the application (imposition and calculation) of penalties, and the regulation of their execution (payment) in the context of the provisions of the Code of Administrative Procedure. One of the main criteria for the assessment of these provisions are the constitutional limits of the freedom to regulate administrative monetary penalties in the interpretation of the Constitutional Tribunal. The article also assessed the manner in which the Polish legislator implemented the so-called assumption of gradual regulation resulting from the Audiovisual Media Services Directive. The obtained conclusions helped to determine whether the current provisions ensure a sufficient level of protection for both the public and individual interests, as well as to formulate de lege ferendapostulates.

  • Issue Year: 8/2019
  • Issue No: 3
  • Page Range: 7-30
  • Page Count: 24
  • Language: Polish