Polish Journalists, Editors and Politicians vulnerable to draconian defamation law
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Background:
Marcin Kącki worked as a journalist for the ‘Gazeta Wyborcza’ newspaper. In December 2006 he interviewed a former member of the political party ‘Samoobrona,’ who claimed that she was offered a post in a parliamentary deputy’s office by a fellow party member in return for sexual favours. She then alleged that the job was in the end offered to the daughter of another member of parliament. The interview was published in December 2006.
In November 2007, the accused party member, M.C. started proceedings against Mr Kącki demanding he was charged with defamation for making claims about him being guilty of nepotism and being involved in a sex scandal. It should be noted that a statement was attached to the interview, that all the comments were personal opinions of the interviewee, not the interviewer.
Nevertheless, in March 2010 the Warsaw District Court found Mr Kącki guilty of defamation under the criminal code. He was ordered to pay a 1000 zloty fine.
Judgment of the ECtHR:
The European Court of Human Rights found a violation of Mr Kacki’s right to freedom of expression under Article 10 of the ECHR. The Strasbourg Court also found the conviction of Mr Kącki especially harsh and disproportionate, considering the criminal charge (resulting in his name being entered in the National Criminal Register), and held that it was an unjustifiable infringement of freedom of expression which was unnecessary in a democratic society. The fact that the party member had not sued the interviewee was highlighted, as well as the fact that he had not sought correction or compensation from the newspaper before accusing Mr Kącki. The ECtHR stated that Polish courts had not balanced the interests of the parties appropriately; journalistic freedom of expression on the one hand, and the individual’s right to reputation on the other.
The issue of defamation in Poland:
The case of Kacki is not an isolated incident. Polish courts have repeatedly given journalists or bloggers criminal convictions as a result of their publications, including prison sentences.
The ECtHR has found that on numerous occasions Polish courts have failed to strike a fair balance between the interests of the opposing parties – freedom of speech and the protection of reputation. The first case highlighting this problem dates back to 2010.
EIN Activity
EIN member the Helsinki Foundation for Human Rights has submitted two monitoring reports on the measures needed to reform defamation law in Poland - most recently in February 2020. The EIN Secretariat works to ensure that HFHR is fully informed about developments in the monitoring process for this and other Polish cases.
Useful Links
Rule 9 by the Helsinki Foundation for Human Rights on Polish defamation cases pending implementation
Summary on Hudoc-EXEC of Polish defamation cases pending implementation
Judgment of the European Court of Human Rights in the Kącki case