Legal Eye: Andrzej Lepper is a ...

And depending on whether I communicate my opinion in print or merely share it with a friend, the WBJ too may be jointly liable for any injury caused by my statement to the "personal interests" of Mr Lepper, including but not limited to any harm to his "dignity", as provided for in Article 23 of the Civil Code.

What is defamation?

In general terms defamation is a written or spoken injury to a person or entity's reputation, with libel representing a written act of defamation and slander being spoken. Freedom of the press does not provide a newspaper or other news provider with carte blanche to print false allegations against an individual or entity.

To guard against such abuse, the press is regulated by the Press Law in addition to the Civil Code. Liability is shared jointly by the author, editor and publisher (and presumably the printer as well).

Doing time in jail

An action for defamation may be brought not only by the person whose interests were injured, but also by the local prosecutor. Article 212 of the Penal Code provides for the imposition of a monetary fine and/or imposition of a prison sentence if a person impugns the character of another person by use of the mass media to the extent that such injury adversely affects the person's credibility and/or ability to work.

The Civil Code provides additionally the injured party with the right to seek monetary damages and/or to require the author of the offending article to issue a retraction and public apology. In especially egregious cases, the editor (not the author or publisher) may be sentenced to prison. I wonder if our editor is aware of this?

Truth will set you free

The publication of true and factual information that causes injury to an individual or entity is not subject to criminal prosecution, provided that the disclosure of such information serves a public good. The Press Law tasks the press to provide critical assessments of society, including individuals, in order to ensure "transparency in public life," in accordance with the Constitution.

Now, before I get myself into trouble, let me finish my first sentence: "Andrzej Lepper is a man with character." I saw this statement printed on a billboard in Warsaw.

Paul Fogo is a senior attorney with Miller, Canfield, W. Babicki & Partners