A person, who was working in a call center of one of the Polish telecommunication company, has used social service offered by that company and sent to subscribers of the telecommunications company a text message in which he made derogatory statements regarding another person. This person felt insulted and brought private charges based on the provisions of Article 212 § 2 of the Criminal Code – CRC – (in Polish: Kodeks Karny) of 6 June 1997, published in Journal of Laws (Dziennik Ustaw) No 88, item 553, with subsequent amendments.

The Regional Court for Warszawa City IV Criminal Division in its judgment of 5 July 2012 case file IV K 875/07 sentenced the accused person to a fine. The Court held that the sent message humiliated this person in public and exposed to the loss of trust necessary for the conduct of his business. The case was heard on 33 hearings.

Categories: Art. 212 CRC | computer crime | computer law | criminal law | defamation | e-law issues | e-services | legal regulations on computer networks | Polish Criminal Code | Polish Regional Court | telecommunication law.