The Polish Sejm is considering legislation to ban “patostreaming”—shocking and often illegal online content—with proposals from both the ruling Law and Justice (PiS) and Civic Coalition (KO) parties.
Sejm Takes on “Patostreaming”
The Polish parliament is addressing the issue of “patostreaming,” a phenomenon combining “pathology” and “stream,” referring to the recording and broadcasting of vulgar, obscene, shocking, or brutal content. Both the Civic Coalition (KO) and Law and Justice (PiS) parties have submitted legislative proposals.
Proposed Criminal Penalties
KO’s draft amendment to the Penal Code introduces criminal liability for patostreaming and promoting gambling by influencers. It criminalizes the dissemination of images or sounds depicting a prohibited act, or the simulated commission of such an act.
The proposed prohibited acts include crimes punishable by at least five years’ imprisonment, offenses against life or health, animal cruelty (including cephalopods), and actions related to illegal gambling.
Response to Presidential Veto and DSA Implementation
Monika Rosa, head of the Sejm committee for children and youth, stated the proposal responds to President Andrzej Duda’s veto of a law on electronic services implementing the EU’s Digital Services Act (DSA).
Alongside changes to the Penal Code, amendments to the Petty Offences Code are planned, increasing penalties for public dissemination of content depicting crimes punishable by up to five years’ imprisonment.
PiS Proposal and Legislative Dispute
The Sejm is also reviewing a PiS draft amendment to the Penal Code. During a debate, PiS MP Michał Wójcik accused the ruling coalition of “legislative theft,” claiming they copied his party’s earlier proposal and called for the projects to be combined.
Key Differences Between Proposals
The proposals differ regarding the protection of cephalopods (not covered by animal protection laws) and the illegal promotion of gambling by influencers, both included in the KO draft. PiS proposes penalties of six months to eight years for actions aimed at financial gain, excluding those acting in the public interest, while KO suggests exemptions for artistic or scientific activities.
Penalties and Concerns Regarding Scope
Both parties propose imprisonment terms of three to five years for the described actions. KO MP Małgorzata Kołodziejczak questioned whether patostreaming should be addressed in the Penal Code, arguing for broader penalization of pathological content, not just recorded instances.
She also raised concerns that the proposed penalties for broadcasting degrading acts could exceed those for the acts themselves.
Previous Attempts and Prevalence of Patostreaming
This is not PiS’s first attempt to ban patostreaming; a similar bill was submitted in May 2023 but never proceeded. According to a 2024 report by the Scientific and Academic Computer Network – National Research Institute, 22% of students in the final years of primary and secondary school watched patostreaming, down from 26% in 2022.
