Polish organizations appeal to decriminalize defamation

Over 20 organizations have issued an appeal to the Polish Minister of Justice calling for the decriminalization of defamation under Article 212 of the Penal Code. The signatories argue that while recent anti-SLAPP legislation provides protections in civil proceedings, the continued existence of criminal defamation laws creates a loophole that allows for increased pressure on journalists, activists, and public figures.

Advocates warn that as courts become more effective at dismissing unjustified civil lawsuits, criminal private indictments under Article 212 may become a more attractive tool for suppressing criticism. Data from the Ministry of Justice shows a steady increase in convictions via private indictment, with 443 people convicted in 2024. Of these, 170 cases involved defamation through mass media, resulting in eight prison sentences and seven suspended sentences.

During a meeting involving the Commissioner for Human Rights, the Helsinki Foundation for Human Rights, and Watchdog Polska, experts discussed the “chilling effect” these laws have on public debate. Proposals for reform include replacing criminal defamation with a narrower offense of slander that does not carry prison sentences, aligning Polish law with Council of Europe standards.