Conflict of Values in the Licensing Procedure for Broadcasting Radio and Television Programmes in Poland

The issue of the conflict of values in the licensing procedure for broadcasting radio and television programmes is a special case of such a clash in public economic law. The study entitled “Conflict of values in the licensing procedure for broadcasting radio and television programmes in Poland” aimed to conduct analyses to identify the values underlying licensing proceedings for broadcasting radio and television programmes in Poland, examine their potential for conflict and identify ways of resolving disputes arising in this area. The main issue of the article is formulated in the following question: “can the values determining the licensing procedure for broadcasting of radio and television programmes give rise to axiological conflicts, and if so, how should the conflicts be resolved?” The analyses conducted as part of the study led to the conclusion that the Polish broadcasting licensing procedure is determined by a number of values that may clash with one another. The entities responsible for resolving conflicts in practice and specific cases include the National Broadcasting Council and its President at the level of the administrative proceedings and the administrative courts at the level of administrative court proceedings. The settlement is based on the law, which, however, contains a number of general clauses. In order to interpret them correctly and, consequently, fairly resolve the conflict, it is crucial to refer to the fundamental source of all human rights and freedoms, including economic freedom and freedom of expression, paramount in this process – human dignity.