Violence, pathological behaviors and vulgarity. These are just some of the behaviors that have become a source of income for patostreamers. Over the past years, the public sphere has raised the need to end this, but there were no adequate tools to curb such behavior. Now it will be different. All thanks to the amendment to the law adopted by the Sejm.
A tool to fight online pathologies
The amendment concerns Article 255b of the Criminal Code, which specifies what can and cannot appear in publicly shared content, both during live broadcasts and in recorded form. It concerns image and sound. All elements infringing on human rights, behaviors against life, health, freedom, including sexual freedom, abuse of people and animals, beating, humiliation and violation of another person's bodily integrity must be severely punished.
Indeed, the legislator somewhat relaxed the penalty scale that was in the original version of the regulations. It originally allowed up to 8 years of imprisonment. The new version introduces two penalty thresholds. The first provides for up to three years of imprisonment when the victim of a patostreamer is an adult. In the case of a minor involved in the prohibited act, the penalty can range from 3 months to 5 years of imprisonment.
Importantly, the amendment also includes exceptions that were necessary to prevent the paragraph from applying to those who do not promote patostreaming. This includes journalists who, for informational purposes, provide content about pathology. The list of protected persons also includes those who use harmful content in scientific work, education, and artistic expression.
When will the regulations take effect?
The fact that the Sejm adopted the amendment (on 11 June by 419 MPs) does not mean the regulations will come into force immediately. For now, the law will go to the Senate, which can adopt it unchanged, propose amendments, or reject it. If it votes in favor, the document will go to the president, who will decide whether to sign it or use the veto. In a situation where regulations on patostreamers had been expected for a long time, it might seem that President Karol Nawrocki would sign the law. However, there is no certainty, because the provisions may infringe on freedom of speech and expression, which could be an argument for using the veto. If President Karol Nawrocki signs the law, it will be published in the Journal of Laws and come into force after 14 days.
What will the new regulations introduce?
The legislator assumes that the new regulations will protect the online space from pathological behaviors that often reach minors, and that, as experts point out, can leave a lasting mark on their perception of reality and sensitivity to harm inflicted on another person for a lifetime. Secondly, the regulations prevent earning money from pathological content, which should reduce the number of people willing to create it.
However, remember that until the amendment comes into force, content can still be published online under the current rules. If someone encounters prohibited formats, they should inform law enforcement or report it to the platforms where the pathological content was published.
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