A plan to expand the ban on "public insult" to include sexual orientation and gender identity has been approved by Prime Minister Donald Tusk's government. According to the Ministry of Justice, the existing ban on discrimination is not sufficient to "protect LGBT+ individuals from discrimination, prejudice, and violence." The ministry views the ban on "public insult" as a means to implement the already existing constitutional prohibition of discrimination.

The Polish ban marks another break by the Tusk government from the previous administration of the PiS party, which pursued a strongly anti-LGBT+ policy. A hallmark of that policy was the so-called "LGBT+-free zones."

With the proposed ban, Poland is following the recommendation of various LGBT+ organizations, including ILGA Europe. This organization is known for its annual ranking of LGBT+ rights in Europe. ILGA has also criticized other countries where hate speech and hate crimes against LGBT+ individuals are not explicitly prohibited. For example, Western European countries such as the Netherlands, Italy, and Switzerland have been reprimanded for years on this issue. ILGA is critical of the Dutch approach to hate speech against transgender people and the lack of a general prohibition on hate crimes.