A proposal to extend the ban on hate speech to include sexual orientation and gender identity has been approved by the government of Prime Minister Donald Tusk. According to the Ministry of Justice, the current ban on discrimination is insufficient to "protect LGBT+ individuals from discrimination, prejudice, and violence." The ministry views the ban on anti-LGBTQ+ hate speech as a tool to enforce the constitutional prohibition of discrimination already in place.

This proposed ban marks another shift by Tusk's government, breaking from the policies of the previous administration under the PiS party, which pursued an overtly anti-LGBT+ agenda. A hallmark of that administration was the introduction of so-called "LGBT+-free zones."

With this ban, Poland is following the recommendations of various LGBT+ organisations, including ILGA Europe, known for its annual ranking of LGBT+ rights in Europe. ILGA has also criticised other countries where hate speech and hate crimes against LGBT+ individuals are not explicitly prohibited. For years, Western European countries such as the Netherlands, Italy, and Switzerland have faced scrutiny in this area.