ARTICLE 19 Europe, the Helsinki Foundation for Human Rights, the Civic Network Watchdog Poland, and the National Federation of Polish NGOs have submitted a petition to the Senate of the Republic of Poland, calling for a legislative initiative aimed at the decriminalisation of defamation.
International human rights standards clearly indicate that defamation should not be subject to criminal liability. In Poland, criminal defamation provisions are often used against journalists, activists, and whistleblowers acting in the public interest. Criminal sanctions are a disproportionate means of protecting reputation, creating a chilling effect. The prospect of lengthy and costly proceedings lead to self-censorship and restricts open public debate, which is a cornerstone of a democratic state governed by the rule of law. The protection of personal rights is already ensured under civil and administrative law and should be limited to these instruments.
During an international conference on SLAPPs held in April 2024, the then Minister of Justice, now Senator Adam Bodnar, announced plans to take action to abolish criminal defamation provisions, including the controversial Article 212 of the Criminal Code, which has been criticised for decades.
The decriminalisation of defamation is crucial for the effective protection of civil society against strategic lawsuits against public participation (SLAPPs). The planned anti-SLAPP legislation will not be fully effective without substantial changes in criminal law.
Decriminalising defamation would not only fulfil Poland’s international obligations but also represent an important step towards strengthening public debate, protecting independent media, non-governmental organisations and activist groups, and limiting the misuse of criminal law to suppress criticism and public scrutiny.
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Katia Mierzejewska [email protected]