The Polish Supreme Court (SC) in an order of 27 July 2007, case file IV KK 0174/07, PDF file, in Polish language, held that publishing news within Internet website which was available at szyciepoprzemysku.prv.pl, is the equivalent to press publishing.

There is another similar case. The District Court in Słupsk in a judgment case file VI Ka 409/07, has ruled that the editor of gby.pl website (local portal website for the town of Bytów) should register his website as press. However, according to regulations provided in article 20 of the Polish Act of 26 January 1984 on Press law – APL – (in Polish: ustawa Prawo prasowe), Journal of Laws (Dziennik Ustaw) No 5, item 24, with later amendmets, only publishing a daily newspaper or a newspaper requires registration.

My friend Piotr Waglowski started to compile a report on Polish officials who are publishing news on the Internet. This report may be used as the offcial crime notification soon. There is our President Lech Kaczyński and Prime Minister Donald Tusk on the list as well as some Members of the European Parliament (for instance Marek Siwiec – Vice President of the European Parliament). Piotr, go and get them all! As they say dura lex sed lex.

Personally, I think we should (i) change the law (ii) educate some judges.

See also “Press law, case II K 367/08“.

Categories: Art. 20 APL | ISP liability | Polish Act on Press Law | Polish Civil Proceedings Code | Polish Criminal Code | Polish District Court | Polish Supreme Court | case law | e-law issues | legal regulations on computers networks | press law.