The Helsinki Foundation for Human Rights filed a complaint in the case of Marian Maciejewski, a case concerning the standard of care in defamation law. The disputed article (Article 213 § 2 of the Penal Code) provided that journalists and others could only escape criminal liability for defamation if (1) their allegations were true, and (2) their allegations served a socially legitimate interest. On May 12, 2008, the Constitutional Tribunal found this understanding of the provision incompatible with Articles 14 and 54 of the Constitution, which protect freedom of the press and freedom of expression. (16-JUL-08)
The Court reasoned that in light of the respect for freedom of expression, requiring those accused of defamation to prove the truth of the allegations in order to show that the allegations serve a socially legitimate interest is excessive. According to the Court’s judgment, because public officials play a significant role in shaping social attitudes and behavior, these officials should be subject to criticism in the public forum. Thus, as long as a journalist satisfies the requisite standard of care in determining the veracity of his or her information, he or she will not be held criminally responsible even if the information turns out to be inaccurate. Even though this judgment is significant, it is important to point out that other laws allow criminal penalties to be assessed for various press-related activities. For example the Constitutional Court, along its previous judgments, held that the criminal responsibility of journalists for defamation (art. 212 of the Penal Code) is in compliance with the Constitution. Furthermore, other laws authorize criminal liability if the President or constitutional organs are defamed or if the press publishes information without registering. Marian Maciejewski has been represented before the Polish Constitutional Court by Mr. Zbigniew Ho³da and Mr. Bartosz Kru¿ewski of Clifford Chance.
