Today is a landmark day for journalists, activists, and everyone who participates in public life. The president of Poland has signed the Bill on Special Measures for the Protection of Participants in Public Debate. After years of negotiations, advocacy, public campaigns, and legislative proposals, Poland has an anti-SLAPP law.
ARTICLE 19 Europe, the Helsinki Foundation for Human Rights, and Citizen Network Watchdog Poland welcome the adoption of legislation designed to protect civil society from legal harassment, namely strategic lawsuits against public participation (SLAPPs). This law is the culmination of months and years of work carried out through the Polish anti-SLAPP group. Together, we developed detailed recommendations of legal changes setting out the guidelines and priorities that – in our view and in line with European standards – a strong and effective anti-SLAPP law should meet. In cooperation with media outlets and non-governmental organisations (NGOs), we ran public awareness campaigns, supported SLAPP victims, documented cases across the country – particularly local cases that rarely make the headlines – and wrote open letters and actively participated in parliamentary commissions. Finally, we also called on the president to sign the law.
One truly remarkable moment was a joint statement signed by newsrooms and organisations from across the entire political spectrum, from left to right, which underscored that freedom of expression is a value that matters to everyone, beyond political divides.
We particularly welcome the adoption of an amendment on the reversal of the burden of proof, put forward by Senator Adam Bodnar, which was one of the key demands of our anti-SLAPP coalition. We were not able to secure our proposed exclusion of public authorities from seeking protection of their reputation through these proceedings. However, we note the declaration by the Ministry of Justice to address Article 212 of the Criminal Code – the criminal defamation provision whose decriminalisation civil society organisations have been calling for over 20 years – within this parliamentary term.
The adoption of the anti-SLAPP law is not the end. We must now monitor the implementation of the legislation and ensure that judges receive adequate training. Important issues for press and media freedom remain on the agenda: municipality media, the European Media Freedom Act, public media reform, and the criminal offence of insulting religious feelings. This moment shows, however, that determination, consistent action, and public pressure deliver results.