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Ruling in case Dolina Charlotty v Magdalena Gessler

Ruling in case Dolina Charlotty v Magdalena Gessler foto: ©Archiwum/Łukasz Capar

On 19 January 2016 the court in Słupsk issued a ruling in the case related to slander and insult of Mirosław Wawrowski...

The court stated that the defendant committed an offence of slander, i.e. she violated the provision of Article 212 Section 2 of the Polish Penal Code. Pursuant to the afore-mentioned article, a person who libels or slanders, with the use of mass media, any other person, a group of people, an institution, a legal person or an unincorporated association on such conduct or properties that might humiliate it in the public opinion or expose to loss of confidence needed for a given position, profession, occupation or type of activity, shall be subject to a fine, limitation of freedom or imprisonment for up to one year.
The court deemed the defendant guilty and imposed on her a fine of 150 daily wages of PLN 50 each (PLN 7,500) and obliged the defendant to make the ruling public in selected mass media. Additionally, the defendant should pay discretionary damages to the Polish Red Cross in the amount of PLN 5,000.
Mirosław Wawrowski was also a defendant in the same case, under a counterclaim. He was charged with slandering the defendant by saying "there are rumours that Ms Gessler does not remunerate her employees". However, the court stated that Mirosław Wawrowski did not commit an offence of slander against Ms Gessler.
"We are really satisfied with the ruling issued today by the District Court in Słupsk. This case shows that freedom of word is not unlimited, but it is restricted by third party rights".
 Monika Brzozowska – Pasieka, Attorney at Law, Jerzy Pasieka, Attorney at Law, - counsels of Mirosław Wawrowski.



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