Poland: Together against SLAPPs

In April 2024, the EU Anti-SLAPP Directive came into effect in response to the rise of abusive lawsuits filed against journalists, activists, and researchers who criticis powerful individuals or expose abuses of power - lawsuits that ultimately stifle public debate on vital issues. European Union member states now have two years to incorporate the Directive into their national legal systems. However, as in other countries, merely implementing the directive into Polish law is far from sufficient. ARTICLE 19 joins local partners and media outlets on the ground in an open call to the government, urging action to combat SLAPPs - strategic lawsuits against public participation - and to enact effective protections.

Effectively addressing the SLAPP problem requires a thorough revision of Polish law and the adoption of comprehensive measures that go beyond the EU Directive's minimum standards.

Read the open letter

Read the full analysis (in PL)

As part of the Polish Anti-SLAPP Working Group, ARTICLE 19, along with the Helsinki Foundation for Human Rights and Citizens Network Watchdog Poland, has developed legal analysis to support the domestic legislative process. This analysis outlines crucial reforms needed to ensure robust protections for civil society in Poland against abusive litigation.

The proposal stems from in-depth analysis of the EU Anti-SLAPP Directive, Polish law, international freedom of expression standards, and group interviews with legal experts, attorneys, judges, and prosecutors.

The analysis forms the basis of an open letter to the government - addressed to Prime Minister Donald Tusk and Minister of Justice Adam Bodnar - that outlines key recommendations for reform. The letter was signed by over 40 national and local non-governmental organisations and media outlets.

In particular, we put forward the following key recommendations:

• Extend SLAPP Protections Beyond Civil Cases: Ensure criminal law includes safeguards against SLAPPs.
• Comprehensive List of SLAPP Indicators: Expand the directive's indicators to include international standards, particularly the Council of Europe's Recommedation.
• Include Domestic SLAPP Cases: Apply anti-SLAPP protections to cases without cross-border elements.
• Broaden Early Dismissal Criteria: Implement a robust early dismissal mechanism, recognising Poland's restrictive interpretation of 'manifest lack of merit'.
• Full Range of Remedies: Empower courts to impose a variety of remedies, including sanctions, compensation, reimbursement of costs, and public disclosure of rulings.
• Exclude Government Standing in Defamation: Prevent state-owned companies, as well as central and local government entities from initiating defamation lawsuits.
• Decriminalise Defamation and Insult: Repeal Articles 212 and 216 of the Penal Code and accompany this with civil procedural reforms.
• Broader Reforms in Criminal Law: Consider revising or repealing laws on insult of public officials and national symbols, religious offence, and similar provisions; Introduce procedural safeguards aligned with civil protections offered by the EU Anti-SLAPP Directive.

Read the open letter

Read the full analysis (in PL)