I wrote an article entitled “Polish Courts Say Websites Should Be Registered As Press” together with my good friend Piotr Waglowski. It was recently published in the Computer and Telecommunications Law Review, C.T.L.R. 2009, 15(1), 9-14.

There is also a sequel to Leszek Szymczak’s story. On 16 December 2008, the Regional Court in Słupsk issued a judgment, case file II K 367/08, in which Leszek Szymczak was acquitted from charges of “publishing press material featuring criminal content that publicly incited its readers to commit offences”. As you may read from our article, this case concerned posts that were published at the online forum of http://gazetabytowska.pl website (also accessible at http://gby.pl), which – according to the Public Prosecutor’s Office – included incitement to commit crime. Charges were based on article 49a 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.

An editor who unintentionally published press material that featured criminal content mentioned in article 37a hereof, shall be subject to a fine penalty or the restriction of liberty.

In connection with article 255 of the Criminal Code of 6 June 1997, Journal of Laws (Dziennik Ustaw) No. 88, item 553, with later amendments.

1. A person who publicly calls for committing an offence of a fiscal crime shall be subject to a fine penalty, the restriction of liberty or imprisonment for up to two years.
2. A person who publicly calls for committing a crime shall be subject to the restriction of liberty for up to three years.
3. A person who publicly praises the commitment of a crime shall be subject to a fine penalty amounting to up to 180 daily rates, the restriction of liberty or imprisonment for up to one year.

The court ruled that according to the Polish Press Law, Leszek Szymczak is the publisher and the editor, however the entries that were posted by visitors of his website did not constitute a press material.

See also my post entitled “Criminal minded“.

Categories: Art. 255 CRC | Art. 49a APL | Polish Act on Press Law | Polish Criminal Code | Polish Criminal Proceedings Code | Polish Regional Court | Polish courts | Polish law | computer law | criminal law | defamation | democracy | personal rights | press law.