The ban came into force throughout Poland on August 17. The spokesman has doubts
The Ombudsman has doubts about the current ban on photographing objects considered strategic. We are talking here primarily about military units. What is wrong according to the Commissioner for Human Rights?
The Ombudsman proposed introducing changes to the Act in Defense of the Homeland, reports Dziennik Gazeta Prawna. This is what the amendment to this Act results from prohibition of photographing, filming or otherwise recording the image or image without permission.
It concerns, among others, facilities that are particularly important for the security or defense of the state, buildings of the Ministry of Defense and some critical infrastructure facilities. The penalty may be arrest or a fine.
The amendment requires the issuance of two regulations. The first one is determined by the Council of Ministers. The second one by the Minister of National Defense. And it was in response to this document that the Ombudsman raised doubts.
This regulation specifies the manner and deadlines within which the said permit may be obtained. According to the Commissioner for Human Rights, the ban introduced in the Act is inconsistent with the Constitution because it limits citizens' freedom.
The current Ombudsman, prof. Marcin Wiącek points out that the constitution guarantees everyone the right to express opinions and to collect and disseminate information. In his opinion, activities such as taking photographs or filming fall within the scope of the constitutionally protected freedom to collect information.
Of course, it is possible to limit this freedom, but it must be justified. And this element of the puzzle is missing in some cases specified by law, according to the Ombudsman. The list of prohibited facilities will include facilities that are not considered strategic.
Let us remind you that the ban on photographing critical objects was introduced by the Act of August 17, 2023 and has been controversial ever since. Not only the Ombudsman.
Since the list of objects is secret, it is not really known what exactly is not allowed to be photographed. Many commentators are therefore also afraid of abuses of interpretation related to the new regulations.
