Poland criminalizes 'patostreaming' with Senate approval

Poland's Senate has unanimously approved a bill that criminalizes "patostreaming," a form of online content dissemination often characterized by extreme or offensive material. The Senate passed the legislation without amendments on June 25, mirroring the overwhelming support it received in the Sejm on June 11, where 419 deputies voted in favor.

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The final provision passed by parliament is based on the proposal I had the pleasure of drafting when the bill first began its journey in the parliamentary subcommittee.

The bill, now awaiting the president's signature, amends the penal code. It defines patostreaming as the public dissemination via the internet of content depicting the commission of a crime, violence against animals, or the humiliating treatment of another person, when done for financial or personal gain. The legislation aims to curb the spread of harmful content that has proliferated on various online platforms.

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The offense of patostreaming emerges from the Senate without amendments. Hollywood can sleep soundly.

Penalties under the new law include imprisonment for up to three years for disseminating content that shows illegal acts or humiliating treatment. The sentence increases to imprisonment from three months to five years if the content involves a minor. The law also addresses content that falsely appears to depict such acts, including deepfakes, to prevent perpetrators from claiming their transmissions were not "real."

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Paragraph 1 is the basic regulation defining patostreaming. It involves the public dissemination online of content focused on attacks against a person: the commission of a crime against personal rights or humiliating treatment of a person, as well as acts of violence against other sentient beings – animals.

However, the law includes specific exemptions. It clarifies that criminal offenses do not include acts undertaken within the scope of artistic, educational, informational, journalistic, or scientific activities, or for the purpose of protecting the public interest. This provision aims to safeguard legitimate forms of expression while targeting harmful "patostreaming."

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Paragraph 2 covers simulated activities, as well as deepfakes, so that no one can defend themselves by claiming that what they are transmitting is not 'real.'