New Anti-SLAPP law strengthens protection for media freedom
On 19 June, Polish President Karol Nawrocki signed into law the Act on Special Protection Measures in Civil Proceedings for Persons Participating in Public Debate. Commonly known as the ‘Anti-SLAPP law’, it will establish a solid legal framework to combat strategic lawsuits against public participation (SLAPPs). The International Federation of Journalists (IFJ) joins its Polish affiliates – the Polish Journalists’ Association (SDP), the Association of Journalists of the Republic of Poland (SDRP) and the Society of Journalists – in welcoming the law, which will provide legal safeguards for journalism in the public interest while addressing the use of court proceedings to stifle public debate. Although this new law represents a step in the right direction, further reforms are needed to ensure the effective protection of journalists.
SLAPP lawsuits are widely used to silence the media around the world. In Poland, the recently adopted Anti-SLAPP law is an important step towards protecting journalists who find themselves embroiled in costly and burdensome legal proceedings due to reporting in the public interest. SLAPPs have a chilling effect on the entire journalistic community, as they are employed by individuals in positions of power to intimidate and silence journalists.
The new Polish legislation covers domestic and cross-border lawsuits, while ensuring implementation of both the EU Anti-SLAPP Directive and Council of Europe recommendation on SLAPPs.
The Association of Journalists of the Republic of Poland (SDRP) told the IFJ: “[This recently adopted legislation] reduces the so-called “chilling effect.” Local and investigative journalists often refrained from publishing controversial materials for fear of lengthy trials. The new regulations are intended to encourage the publication of socially important topics without fear of legal harassment.”
Jolanta Hajdasz, the president of the Polish Journalists’ Association (SDP), added that: “This law specifies criteria for courts to quickly dismiss lawsuits that include disproportionate claims, excessive or unfounded demands, […] threats and intimidation, bad faith in legal proceedings, suing individuals instead of the entities they were acting for […]. This is a crucial solution, because time is of the essence in SLAPP cases. If a trial drags on for years, it itself becomes a tool of repression, even if the defendant ultimately wins,”
Although the adoption of the Anti-SLAPP law is a significant development towards protecting journalists, it does not apply to criminal proceedings. Defamation remains a criminal offence in Poland (Article 212 of the Penal Code) and is frequently used in the country to target journalists, activists, and whistleblowers acting in the public interest.
SDP President, Jolanta Hajdasz, said: “I am pleased that President Karol Nawrocki shared our view and signed this Anti-SLAPP bill, although it is not perfect. It does not address criminal cases for defamation, and communist law still applies in Poland, where one can be convicted and imprisoned for expressing an opinion. This new law is a step in the right direction, which is why we supported its passage, and it is crucial for protecting freedom of speech in Poland.”
SDRP President, Jerzy Domański, noted: “The adoption of the Anti-SLAPP Act is an important step toward strengthening freedom of expression and protecting journalists, activists, and citizens who participate in the public debate. For too long, abusive lawsuits have been used to create a chilling effect and discourage scrutiny of matters of public interest. While further improvements may still be needed, this legislation provides an important foundation for safeguarding independent journalism and democratic discourse in Poland.”
The Society of Journalists (in Warsaw) has welcomed Poland’s Anti-SLAPP law, which offers some protection to journalists against defamation cases designed to limit public debate. However, although agreeing this is a major step, it highlights the importance now of addressing the issue of decriminalising Article 212 of the Penal Code, which classifies defamation as a criminal offence. Both the Society of Journalists and the SDP see defamation as a civil issue and not a criminal one.
IFJ General Secretary, Anthony Bellanger, said: “We welcome the adoption of the Anti-SLAPP law, a crucial step towards safeguarding freedom of expression and media freedom in Poland. Effective and dissuasive sanctions are needed against those who abuse the courts as a tool of censorship, targeting journalists and others for reporting in the public interest. While not perfect, this legislation is an important victory for media freedom and we praise the efforts of our affiliates who campaigned for its adoption.”
