Current draft legislation removes the threat of imprisonment, but still leaves journalists, publishers, and others involved in public debate at risk of criminal defamation proceedings.
This statement was originally published on article19.org on 25 April 2025.
One year after the first Polish anti-SLAPP conference and Minister Adam Bodnar’s public declarations about effectively addressing the problem of abusive litigation against public watchdogs, we are still waiting for the decriminalisation of defamation.
On 25 and 26 April 2024, an international conference on SLAPPs (strategic lawsuits against public participation) was held in Warsaw, organised by Agora, ARTICLE 19 Europe, the Helsinki Foundation for Human Rights, the Prague Civil Society Centre, and the Citizens Network Watchdog Poland. It was the first event of its kind at the European level dedicated specifically to the issue of SLAPPs in Poland.
During the two-day conference, national and international experts, lawyers, media representatives, and publishers discussed European solutions to effectively counter the abuse of legal proceedings aimed at silencing public debate and intimidating civil society. The discussions also covered the national context and necessary legal reforms to protect journalists and activists – especially those working at the local level – from abusive legal actions frequently pursued by public institutions and state-owned companies.
One of the key moments of the conference was the promising speech delivered by Minister of Justice Adam Bodnar. Minister Bodnar emphasised the need for a thorough revision of Polish law to better protect victims of SLAPPs. Significantly for civil society, he also announced plans to abolish criminal defamation provisions, namely Article 212 of the Penal Code.
Over the past year, we stepped up our efforts to continue advocacy, and to organise expert panels and awareness-raising activities. Our initiatives have been supported by major media outlets, publishers, and civil society organisations in Poland. Our goal was to keep up the momentum initiated by the Ministry’s commitments and to keep pushing for robust and effective anti-SLAPP safeguards in the Polish legal framework. However, cooperation between civil society and the Ministry, as well as work on the legal reform, has proven more challenging than initially anticipated.
Although the draft from the Civil Law Codification Commission includes many important measures that could hinder attempts to initiate SLAPPs through civil proceedings, it is crucial to stress that their effectiveness – and the effectiveness of anti-SLAPP measures more broadly – is intertwined with criminal law reform. Unfortunately, despite the initial promises to repeal Article 212 of the Penal Code, the draft submitted by the Criminal Law Codification Commission proposes only a softening and narrowing of the defamation offence, not its full decriminalisation. Abolishing prison sentences is a step in the right direction, but it is not enough. In practice, the proposed changes would mean that journalists, publishers, and others involved in public debate would still face the risk of criminal defamation proceedings, which would continue to have a chilling effect and enable further use of this provision to initiate SLAPPs.
Therefore, we once again call on the Ministry of Justice and the experts from both Codification Commissions to treat the proposed changes to civil and criminal codes as a coherent, comprehensive legislative package aimed at combating SLAPPs and providing for the decriminalisation of defamation. Only in this way can we enhance the effectiveness of these measures and fully seize the opportunity offered by the transposition of the EU directive – to build a strong legal framework for protecting journalists and activists and to put an end to the harassment of civil society for articles, reports, investigations, and statements on matters of public interest.
Members of the Polish Anti-SLAPP Working Group
ARTICLE 19 Europe
Helsinki Foundation for Human Rights
The National Federation of Non-Governmental Organisations
Citizens Network Watchdog Poland
