Terms of Restriction for TV Channels - Compliance with International, EU, and Polish Law

1. Introduction

COTT Electronics Sp. z o.o. ("COTT Electronics", "we", "us", or "our"), a limited liability company registered in Poland under KRS: 0001019972, NIP: 5252944045, REGON: 524484765, with its registered office at Mikołaja Kopernika 30 / 11A, 00-336 Warszawa, Polska, is committed to upholding international, EU, and Polish standards while promoting ethical content through its services on www.cott.tv.

These Terms of Restriction outline the criteria under which a TV channel may face restriction or termination of services based on internationally recognized principles, EU regulations, and Polish law. These terms are binding on all channels that use COTT Electronics' Content Delivery Network (CDN) and services.

1.1 Applicability. These Terms apply to all TV channels, content providers, broadcasters, and any other entities that use or access COTT Electronics' services, including but not limited to IPTV services, content delivery services, and related technical infrastructure.

1.2 Acceptance. By using COTT Electronics' services, channels acknowledge that they have read, understood, and agree to be bound by these Terms of Restriction. Continued use of our services constitutes acceptance of these terms and any amendments thereto.

2. Legal Compliance

Channels hosted on COTT Electronics' Content Delivery Network (CDN) must comply with all applicable international, EU, and Polish laws and regulations, including but not limited to:

• International Broadcasting Standards: International broadcasting standards and human rights laws, including the Universal Declaration of Human Rights and relevant UN conventions.
• EU Audiovisual Media Services Directive: EU regulations, such as the Audiovisual Media Services Directive (Directive (EU) 2018/1808), which governs content restrictions, broadcasting standards, and protection of minors, in compliance with EU media law.
• Polish Broadcasting Act: Polish media laws, including the Broadcasting Act (Ustawa o radiofonii i telewizji), which regulates content, broadcasting standards, and licensing requirements in Poland.
• EU Copyright Directive: The EU Copyright Directive (Directive (EU) 2019/790) and Polish Copyright Act (Ustawa o prawie autorskim i prawach pokrewnych), ensuring respect for intellectual property rights.
• EU Digital Services Act: The Digital Services Act (Regulation (EU) 2022/2065), which establishes rules for online platforms and content moderation in the EU.
• Polish Penal Code: The Polish Penal Code (Kodeks karny), which prohibits certain types of content, including incitement to hatred, defamation, and other criminal offenses.

3. Restrictions on Content

COTT Electronics reserves the right to restrict or terminate services for any channel that engages in or promotes content that violates applicable laws or our content standards:

3.1 Prohibited Content: Channels may not broadcast content that:

• Incitement to Violence: War propaganda or incitement to violence, as prohibited under international law (e.g., Article 20 of the International Covenant on Civil and Political Rights - ICCPR) and Polish law (Article 255 of the Polish Penal Code).
• Hate Speech: Hate speech, discrimination, or any form of incitement to hostility based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics, in violation of EU anti-discrimination laws (Directive 2000/78/EC, Framework Decision 2008/913/JHA) and Polish law (Ustawa o równym traktowaniu, Article 256-257 of the Polish Penal Code).
• Crimes Against Humanity: Activities against humanity, including but not limited to genocide, crimes against humanity, or war crimes, as defined by the Rome Statute of the International Criminal Court and Polish law (Articles 117-120 of the Polish Penal Code).
• Harm to Minors: Content that violates EU broadcasting standards regarding protection of minors, such as the promotion of violence, hatred, or harmful content directed at children, as outlined in the Audiovisual Media Services Directive (Article 6) and Polish Broadcasting Act (Article 18).
• Defamation: Defamatory content that violates the rights and reputation of individuals or entities, in violation of Polish defamation laws (Articles 212-216 of the Polish Penal Code) and EU privacy and data protection regulations.
• Illegal Activities: Content that promotes, glorifies, or provides instructions for illegal activities, in violation of Polish criminal law and EU regulations.

3.2 Content Standards: All content must comply with:

• EU content standards as set forth in the Audiovisual Media Services Directive
• Polish content regulations under the Broadcasting Act
• International human rights standards and principles
• Industry best practices and codes of conduct

4. International Human Rights Standards

Channels hosted on COTT Electronics must align with international human rights standards, including those defined by:

• Universal Declaration of Human Rights (UDHR) - The foundational document establishing fundamental human rights.
• International Covenant on Civil and Political Rights (ICCPR) - Protecting civil and political rights, including freedom of expression and prohibition of hate speech.
• International Covenant on Economic, Social, and Cultural Rights (ICESCR) - Protecting economic, social, and cultural rights.
• European Convention on Human Rights (ECHR): The European Convention on Human Rights, particularly Article 10 (freedom of expression) and Article 14 (prohibition of discrimination), which are binding on EU member states and Poland.
• EU Charter of Fundamental Rights: The Charter of Fundamental Rights of the European Union, which sets out fundamental rights and freedoms in the EU.

Channels must ensure their content respects these fundamental rights while recognizing that freedom of expression is not absolute and may be subject to restrictions as provided by law, including those necessary for the protection of the rights of others, public order, and national security.

5. Prohibition of Illegal Activities

Channels must refrain from broadcasting content that involves or promotes illegal activities, including but not limited to:

• Terrorism: Content that promotes, supports, or provides instructions for terrorism, as defined by EU law (Directive (EU) 2017/541 on combating terrorism) and Polish law (Ustawa o działaniach antyterrorystycznych, Articles 115-117 of the Polish Penal Code).
• Organized Crime: Content related to organized crime, including drug trafficking, money laundering, human trafficking, and other serious criminal offenses, in violation of Polish criminal law (Kodeks karny) and international standards, including FATF Recommendations on anti-money laundering.
• Intellectual Property Infringement: Content that infringes intellectual property rights, including unauthorized use of copyrighted material, trademarks, or other protected works, as per the EU Copyright Directive (Directive (EU) 2019/790) and Polish Copyright Act (Ustawa o prawie autorskim i prawach pokrewnych).
• Fraud and Scams: Content that promotes fraud, scams, or other deceptive practices, in violation of Polish fraud laws (Articles 286-287 of the Polish Penal Code) and EU consumer protection regulations.
• Cybercrime: Content that promotes or facilitates cybercrime, including hacking, phishing, or other computer-related offenses, in violation of Polish cybercrime laws and EU cybersecurity regulations.

6. Termination of Service

If a channel is found to be in violation of these Terms of Restriction, COTT Electronics reserves the right to take immediate action, which may include:

• Immediate Suspension: Immediate suspension of the channel from the CDN and platform, pending investigation and resolution of the violation.
• Content Removal: Removal of specific content that violates these terms, in accordance with EU Digital Services Act requirements for content moderation.
• Channel Blocking: Blocking the channel from the CDN and preventing access to our services.
• Total Removal: Total removal of the channel from the platform and termination of all services provided by COTT Electronics to the channel.
• Legal Action: Pursuit of legal remedies, including reporting to relevant authorities, in cases of serious violations of law.

6.1 Due Process: Any such action will be taken in compliance with EU consumer protection laws (Directive 2011/83/EU), the Digital Services Act (Regulation (EU) 2022/2065), and Polish law, ensuring fair treatment and due process. We will provide notice to the channel before taking action, except in cases where immediate action is required to comply with legal obligations or prevent harm.

6.2 Proportionality: Actions taken will be proportionate to the severity of the violation and will consider factors such as the nature of the content, the intent of the channel, and any remedial measures taken by the channel.

7. Notice and Review

7.1 Notification: Before taking any action, COTT Electronics will make reasonable efforts to notify the channel about the violation and provide an opportunity for the channel to respond, unless immediate action is required to comply with legal obligations or prevent harm, in accordance with the EU Digital Services Act (Article 14) and Polish law.

7.2 Review Process: A thorough review will be conducted before any decision is finalized, in line with EU principles of fairness and transparency. The review process will consider:

• The nature and severity of the alleged violation
• Evidence of the violation
• The channel's response and any remedial measures
• Applicable legal requirements and standards
• Previous violations, if any

7.3 Decision: Decisions will be made in writing and will include the reasons for the decision, in compliance with EU transparency requirements and Polish administrative law principles.

8. Appeals Process

8.1 Right to Appeal: Channels that believe their content has been unfairly restricted may appeal the decision by contacting us at info@cott.tv within 30 days of receiving notice of the decision.

8.2 Appeal Review: We will provide a fair and impartial review of the circumstances, ensuring compliance with EU consumer rights (Regulation (EU) No 1215/2012), the Digital Services Act (Article 20), and Polish law. The appeal will be reviewed by personnel who were not involved in the original decision.

8.3 Appeal Decision: We will respond to appeals within a reasonable time frame (typically within 30 days) and provide a written decision explaining the outcome, in accordance with EU and Polish procedural requirements.

8.4 External Remedies: Channels also have the right to seek external remedies, including:

• Filing a complaint with the relevant regulatory authority (e.g., Polish National Broadcasting Council - KRRiT)
• Pursuing legal action in accordance with applicable laws
• Using alternative dispute resolution mechanisms, where available

9. Compliance with Local Laws

Channels must also comply with the local laws and regulations of the jurisdictions in which their content is being broadcast, including:

• Polish Media Laws: Polish media laws and regulations, including the Broadcasting Act (Ustawa o radiofonii i telewizji) and regulations issued by the National Broadcasting Council (KRRiT).
• EU Regulations: EU regulations applicable to the hospitality sector and broadcasting, including the Audiovisual Media Services Directive and Digital Services Act.
• International Standards: International standards and best practices for content moderation and broadcasting.
• Jurisdictional Requirements: Requirements of other jurisdictions where content may be accessible, to the extent applicable and legally required.

10. Amendment of Terms

10.1 Right to Amend: COTT Electronics reserves the right to amend these Terms of Restriction as necessary to comply with changes in international, EU, or Polish law, or to address emerging challenges and best practices.

10.2 Notice of Amendments: Any amendments will be communicated to affected channels in accordance with EU consumer protection regulations (Directive 2011/83/EU) and Polish law, typically through:

• Email notification to registered channel contacts
• Publication on our website with prominent notice
• In-app or platform notifications, where applicable

10.3 Effective Date: Amendments will typically take effect 30 days after notification, unless immediate implementation is required by law or to address urgent safety or legal concerns.

10.4 Continued Use: Continued use of our services after the effective date of amendments constitutes acceptance of the amended terms.

11. Governing Law and Jurisdiction

11.1 Governing Law: These Terms of Restriction are governed by the laws of Poland, including the Polish Civil Code (Kodeks cywilny), Broadcasting Act (Ustawa o radiofonii i telewizji), and other applicable Polish laws and regulations.

11.2 Jurisdiction: Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Warsaw, Poland, unless otherwise required by EU law (e.g., consumer rights under Regulation (EU) No 1215/2012) or mandatory provisions of applicable law.

11.3 EU Law: These Terms are subject to and must be interpreted in accordance with applicable EU law, including EU directives and regulations that are directly applicable or have been implemented in Polish law.

12. Conclusion

By using COTT Electronics' services, TV channels acknowledge and agree to abide by these Terms of Restriction. Non-compliance may result in immediate action, as outlined in these terms, including suspension or termination of services.

We are committed to maintaining a platform that respects legal standards, human rights, and ethical principles, while providing high-quality services to our customers in the hospitality industry.

Contact Us

For inquiries about these Terms of Restriction, please contact us at:

Regulatory Authority:
For complaints regarding broadcasting content, you may also contact:
Krajowa Rada Radiofonii i Telewizji (KRRiT)
National Broadcasting Council
ul. Skwer Kardynała Wyszyńskiego 9, 01-015 Warszawa, Polska
Website: https://www.krrit.gov.pl