Case Study - SLAPP in Poland

This study firstly aims to diagnose the characteristics of unjustified legal actions, both under civil and criminal law, directed against individuals in order to limit their participation in public life and, more broadly, to create a chilling effect on society in Poland.

Secondly, this study aims to find answers, based on the empirical experience of attorneys, legal practitioners, as to how clients can be effectively defended against such actions in Poland, before local courts.

Poland is a member of the European Union and the Council of Europe and is an increasingly economically developed country. However, since 2015, a deliberate dismantling of constitutional democracy standards has been taking place under Poland's populist, nationalist-right governing coalition, affecting the scope of protection of individual rights and freedoms. Far-reaching changes have been made that have led to the hollowing out, neutering, incapacitating or subordination of key institutions, such as the Constitutional Tribunal, the National Council for Judiciary the Supreme Court and ordinary courts, public prosecution, public broadcaster, and the like.

The subordination of state institutions by the ruling coalition has led to the occurrence of a phenomenon known as discriminatory legalism, meaning instrumental use of legal means by the executive to prevent or obstruct public debate in areas that are inconvenient to the authorities by harassing, intimidating or otherwise discouraging its participants. It manifests itself through excessive or baseless criminal prosecutions, both from the Criminal Code and the Misdemeanor Code, against individuals who criticize the authorities. The discriminatory legalism questions the legality of the criticism of the public authorities and, applies a chilling effect to discourage individuals from exercising their rights and freedoms and participating in democratic processes.

In this report, we will diagnose the peculiarities of classical civil SLAPPs in Poland against media and active citizens, as well as present the related phenomenon of discriminatory legalism.