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** SPOTLIGHT
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Decriminalise defamation now and protect freedom of expression in Poland

This week, together with our partners from the Polish anti-SLAPP Working Group and over a dozen media and rights organisations, we wrote to Poland’s justice minister, calling for him to decriminalise defamation and protect freedom of expression.

In Poland, criminal defamation has long been one of the main tools the powerful use to target civil society groups. We have documented the chilling effect strategic lawsuits against public participation (SLAPPs) have on activists and journalists, and have consistently called for meaningful reform to challenge the abusive legal actions that intimidate critics and shut down open and free debate on public interest matters, including corruption, environmental harm, and human rights abuses.

In June, together with partners the Helsinki Foundation for Human Rights and Citizen Network Watchdog Poland, we welcomed ([link removed]) the Polish government’s landmark decision to adopt an anti-SLAPP law – a crucial moment for our years-long advocacy on the ground. Poland’s law brought in stronger safeguards, going beyond the minimum set by the European Union’s anti-SLAPP Directive, which all member states are required to introduce.

But the new law only covers civil lawsuits. Criminal defamation remains in place under Article 212 of the Criminal Code, which civil society groups have called to repeal for over 20 years now.

In Poland criminal defamation cases can be brought through private prosecution, meaning individuals, public officials, businesses and other powerful actors can initiate criminal proceedings against journalists and activists for their reporting or criticism, framing it as an attack on their reputation or personal rights.

Such cases are relatively easy to bring, and criminal charges can, in the worst case, lead to a prison sentence – deepening the fear of speaking out.

A fully effective anti-SLAPP law must address criminal prosecution, not just civil lawsuits. The Polish government must show journalists, activists, and the public that it is fully committed to protecting their rights, including freedom of expression and the right to know. Article 212 must be repealed and defamation decriminalised.

Such guarantees would set a strong example for other EU countries to follow. And they would send a clear message to the world: a thriving, independent civic space that holds the powerful to account and informs the public about matters that affect their lives strengthens democracy.
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