Warsaw's alliance with Trump: Poland blocks important EU digital law

The divide between political bodies in Poland has reached a new, digital dimension. On Friday, President Karol Nawrocki vetoed the law for the national implementation of the Digital Services Act (DSA). With this, the right-wing conservative head of state demonstratively sides with US President Donald Trump and his declared rejection of European platform regulation. While the government under Prime Minister Donald Tusk is trying to firmly integrate Poland into the EU's legal framework, the veto from Warsaw is now likely to have legal repercussions in Brussels.

Nawrocki's reasoning reads like a direct echo of Washington's statements. The Trump administration has repeatedly denounced the DSA as "Orwellian" censorship, claiming it aims to silence conservative voices. Just in December, Trump personally warned the EU Commission: the Brussels executive body must "be very careful" after it had just imposed a fine of 120 million euros on Elon Musk's platform X. The Republican called the decision "mean" and "unlawful."

Nawrocki has now adopted this rhetoric: he criticized that the Polish draft law grants government officials too much power over online content. If an official subordinate to the government decides what is allowed on the internet, it resembles the establishment of a "Ministry of Truth" from George Orwell's novel 1984.

Digital Minister: Nawrocki Endangers Online Security

The move has triggered sharp criticism from Poland's center-left government. Digital Minister Krzysztof Gawkowski accused the President of sabotaging online security and siding with the tech giants. The politician from the left-wing party Nowa Lewika emphasized that the law would have protected children from paedophiles, families from disinformation, and users from opaque algorithms. He firmly rejected the censorship accusation, as the draft explicitly provided for ordinary courts, not the administration, to make judgments on online content. With the veto, Poland is now one of the few EU countries without effective enforcement mechanisms for the DSA.

For the EU Commission, this process is a diplomatic and legal affront. As Poland has missed the deadline for appointing a national digital coordinator since May, proceedings are already underway before the European Court of Justice (ECJ). A Commission spokesperson stated that national implementation is essential for Polish users to effectively exercise their rights against platforms like Facebook, X, or Instagram. This includes holding operators accountable if their own content is deleted or accounts are blocked. However, core obligations of the DSA continue to apply directly to large online portals operating in Poland. The law is a regulation that is, in principle, directly applicable in the member states.

Warsaw's refusal to fully implement the DSA weakens the EU's position. The Trump administration has already imposed sanctions against architects of the DSA, such as former Commissioner Thierry Breton. Since Tusk's coalition does not have the necessary majority to override the president's veto, the government is likely left with the arduous path of an entirely new draft law or waiting for the ECJ's decision.

(nie)