Making pornographic content available on the Internet in a way that allows access to such content from within the territory of Poland (or making such content available), insofar as such content constitutes a substantial part of the content of the website concerned.

Citizens’ draft Act on the protection of minors from pornographic content on the Internet and amending the Telecommunications Act.

The draft stipulates that any entity making pornographic content available on the Internet in a manner that allows access to such content from within the territory of Poland (or allows such content to be made available), insofar as such content constitutes a substantial part of the content of the website concerned, is required to use effective systems for verifying the age of the recipient in order to prevent minors from accessing such content. The age verification must be carried out in a way that protects the privacy of users and complies with rules on the protection of personal data.

Verification systems of the age of a recipient shall be considered to be effective even if it is not possible for minors to circumvent them, if this requires the application by such persons of extraordinary measures and actions which cannot be expected from an average consumer. The authority competent in matters of protection of minors against pornographic content on the Internet would be the President of the Office of Electronic Communications, who would take action both ex officio and on request. The Council for the Protection of Children against Online Pornography would operate under the President of the Office of Electronic Communications as an advisory and consultative body. The President of the Office of Electronic Communications would maintain a register of domains used for making pornographic content available in breach of the Act. The telecommunications operator would be obliged to prevent access to domains entered in the Register within 48 hours of the entry. An entity holding a legal title to a domain entered in the Registry could file an objection to the registration of that domain in the Registry with the President of the Office of Electronic Communications.
The President of the Office of Electronic Communications would be entitled to appeal to the administrative court against the rejection of the objection. The President of the Office of Electronic Communications may ex officio remove a domain from the Register where it has been included in the Register by mistake or where effective age verification tools have been put in place.