As of 17 April 2025, regulations implementing the Homeland Defence Act came into force, formally triggering a ban on capturing images of so-called critical infrastructure, i.e. facilities considered particularly important for the security or defence of the state. The ban applies not only to photography, but also to filming or even sound recording if the equipment has been directed towards the protected object.
Purpose of the new legislation
The introduction of the new regulations is aimed at increasing the security of the state and citizens. Firstly, it is about protecting critical infrastructure such as energy stations, fuel storage facilities or water supply systems from sabotage and attacks. Sharing their images can reveal the vulnerabilities of these facilities. Another reason is to reduce the leakage of sensitive data. Images published on the internet can be analysed by foreign intelligence services, even if they show random shots. They often show the layout of security, the positioning of cameras or access roads. Special attention has also been paid to the protection of military and administrative facilities. In the context of the war in Ukraine, NATO countries, including Poland, are reinforcing the security of their bases and command centres, and photographing them can support the actions of hostile services.
The new regulations are also intended to counter unintentional ‘exposure’, i.e. instances where someone uploads photos with strategic facilities in the background. The regulations will make it possible to react more quickly, such as removing footage from platforms such as YouTube or TikTok. Importantly, the ban is not universal and only applies if the building or installation in question is marked with a special sign with the red inscription: “no photography”. Sounds like a simple rule, but few people today can answer the question: what specifically does this provision cover?
the 25,000 prohibited sites?
Although there is no official and publicly available list of protected sites, experts estimate that there could be as many as 25,000. The list of ‘suspects’ includes, among others, buildings of the Ministry of Defence, command centres of the armed forces, power plants (Bełchatów, Połaniec, Siekierki, Konin), water treatment plants, as well as key railway stations and financial institutions such as the National Bank of Poland and the Polish Security Printing Works. Each time, the decision to mark a site is made by its owner or governing body. This means that architecture, urbex or transport photography enthusiasts should now keep a close eye out for red and white plaques on fences and walls. At the same time, permission to photograph can be obtained at the request of the person or entity concerned.
Photography ban – what are the penalties for breaking it?
If photographs, films or sound recordings are taken in breach of the ban, the court may authorise the forfeiture of the equipment used, regardless of its value. In practice, this means that a camera worth several thousand zloty, a professional camera or even a smartphone may be confiscated and not returned to the owner. Other forms of punishment include a fine of up to several tens of thousands of zlotys and imprisonment if the act is deemed espionage. Importantly, the law does not provide exceptions ‘for ignorance’. Ignorance of the law or lack of awareness of the existence of the plate does not protect one from the consequences. In the eyes of the law, it is the photographer or filmmaker who is responsible for what and where he or she records. In the absence of a publicly available list of protected sites, this state of affairs can lead to numerous misunderstandings and even abuse. Whether a person has broken the ban will often be determined by the interpretation of law enforcement, and this can vary greatly depending on the situation and location.
Does it work? Even the Ministry of Defence has doubts
The Ministry of Defence, in its response to the Ombudsman, admitted that the legislation is somewhat anachronistic. In the age of smartphones, drones and in-car cameras, it may not even be possible to enforce the ban. Defence Ministry officials themselves describe the regulations as “basically dead”. However, Deputy Minister Stanislaw Wziątek has indicated that it is possible that the regulations could be clarified during further work on the law. Does this mean liberalisation? Or, on the contrary, more prohibitions and greater penalties? Time will tell.
Source: prawo.pl, benchmark.pl
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