Łukasz Kasprowicz, a young journalist and blogger, works for the local newspaper. On his blog, which he runs as a private net user, he comments on the political scene in his town – Mosina. It was the actions of the town mayor- Zofia Springer- that Kasprowicz often criticised on his blog. Due to this fact she sued him for slander which is criminalized under Article 212 of the Polish Penal Code.
On the 25th of January 2011, Kasprowicz was sentenced by the district court in Poznań to a 10-month freedom restriction and 300 hours of community service. Besides, the court decided on the prohibition to exercise a profession for a year, 500 PLN pecuniary penalty which is to be paid to the Polish Red Cross. Kasprowicz was also obliged to publish apologies in the local newspaper Głos Wielkopolski.
The Springer vs. Kasprowicz case has been widely discussed in Poland. It has provoked questions about the freedom of expresion on the Internet, which previously was found to be unlimited. In general, the judgment was criticised for being a very worrying sign of the attempt to restrict the freedom of expression in the country.
The lawyers of the Helsinki Foundation for Human Rights claimed that this judgment might affect a public debate badly and have a chilling effect on other journalists that lead to their self – limitation. Being aware of the legal provisions of the Article 212 of the Polish Penal Code, they might refrain from criticizing the authorities to avoid legal consequences – claim the experts. What is more, it was stated that Kasprowicz, a professional journalist, committed the act during his free time. Despite this fact, the punishment affects his professional career directly, as he has to refrain from exercising his profession for a year.
The other important question refers to the limits of the acceptable criticism of public authorities. The blogger commented on the Springer’s actions that she performed as a town mayor without interfering her private life. It seems that as a public person, she shall be prepared for the public criticism which is a vital aspect of this type of profession.
Internet blogging is a very popular way to express one’s views, including one’s disapproval of authorities’ actions. Not only journalists but also politicians and private people comment on the political and social reality in the Internet. Therefore, it is highly likely that sooner or later we will be made to define the limits of the freedom of expression with reference to the responsibility for one’s words in the Internet, either on the basis of the “blogger from Mosina” judgment or by setting the new boundaries.
*Dominika Gmerek – Helsinki Foundation for Human Rights
