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What is ‘media’ in a digitalized society where boundaries between news, commercial and social content are increasingly blurred? What do we really mean by ‘media pluralism’? These are all key questions liberal democracies in Europe and beyond need answers to, given both political challenges and the rise of market power and Big Tech companies whose actions affect media markets. While the law will not solve all of the problems associated with these developments, it can help in imposing limits on the way in which political and market power is used. This necessitates a sustained and informed debate as to what the existing legal framework offers and what additional legal responses are necessary.

In the last eight years Poland experienced an illiberal shift. Key elements of constitutional democracy were undermined. The story is well-known to public law scholars, particularly with respect to judicial reforms. However, off most people’s radar have been the changes which increased the role of state-controlled and state-owned firms (SOEs) in the Polish economy which have supported Poland’s illiberal tendencies. Pre-election period is illustrative in this respect, with the ruling majority benefitting from various kinds of support from SOEs which undermined a level playing field. The Polish experience arguably sheds light on constitutional democracies’ weaknesses in effectively addressing the links between political and market power which can further democratic backsliding. In this blogpost, I will highlight why the existing legal framework, in particular remedies available in law aimed at imposing limits on the use of market power, i.e. competition law, are insufficient to address this risk and why a broader debate in public law is necessary in this respect.