Press Act, the elimination of censorship had resulted in the appearance of a
large number of new publications reflecting a wide range of opinion. During
the first 9 months of the year, 36 libel cases had been brought against
journalists, reflecting the philosophy underlying the abolition of censorship,
namely that people were now expected to assume responsibility for their words
and deeds. The Control of Publications and Productions Act had been repealed,
thereby ending preventive censorship, but inciting others to commit offences
and praising others for having committed offences were now punishable under
the Code of Criminal Procedure.
167. Restrictions on the exercise of the freedom of expression set out in the
1989 Act amending the Control of Publications Act had recently been repealed.
Censorship had been completely abolished and the restrictions described in
paragraph 123 of Poland's report were no longer in force. Those restrictions
unfortunately still formed part of the Code of Criminal Procedure but a broad
revision of the Code was currently taking place. In any event, there had been
no convictions on the basis of those provisions. Television broadcasting was
still a State monopoly as an act on private television and radio broadcasting
had not yet been adopted by Parliament. Anyone refused access to information
had the right to appeal to an administrative court. There was no restriction
on the import of foreign publications, which were readily available at
newsstands, nor were there restrictions on foreign correspondents.
Freedom of assembly and association
168. With reference to that issue, members of the Committee wished to know the
composition and powers of the administrative bodies that were competent to
monitor the activities of associations; the relevant legal provisions
governing the registration of associations; what criteria were used to
determine the restrictions necessary for the protection of public order; and
in what specific cases meetings had been prohibited. Further information was
also requested on the right of members of the police force and prison service
to form trade unions.
169. In reply, the representative of the State party said that the authority
competent to deal with the monitoring of the activities of associations was
the provincial governor, who reviewed applications for registration submitted
by associations. The administrative authority could revoke any provision in
the regulations of an association not in conformity with its statutes and
could request a court to dissolve an association if it infringed upon the law,
if its numbers fell below the level required by law, or if it had no
leadership. The prohibition of meetings was severely restricted, and any
exceptions were subject to review by the courts. In that regard, the
inclusion of the general clauses of the Covenant into national law served to
protect the rights and freedoms of individuals. Police and prison officers
were able to join a union but they did not have the right to strike. The
right to join trade unions did not extend to frontier guards, officials of the
Office for the Protection of State Officials, civil servants or professional
soldiers.
Right to participate in the conduct of public affairs
170. In connection with that issue, members of the Committee wished to know
the current status of the law on political parties and whether the Polish
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