The Right to Criticism and Justification of Libel

Jacek Sobczak

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In the discussion on the admissibility of responsibility for defamation, and in particular libel, the problem of unlawful libel is omitted – so-called justification – foreseen in the content of Article 213 Paragraph 2 of the Penal Code. The currently binding justification is considerably different from the one intended in the Penal Code from 1969, the scope of which has been strongly rooted in the consciousness of recipients, especially journalists. It should be noted that the content of Article 213 Paragraph 2 of the Penal Code is undergoing quite a significant transformation. The right to criticize, which is upheld by Article 41 of the Press Law Act, and also by the content of Article 6 Paragraph 4, is one of the most important laws inherent to journalists. Legislation demanded however for the formulated criticism to be reliable and in accordance with the rules of social conduct, not have an insulting nature, which does not exclude the possibilities that exist in satire and caricature. It cannot take on offending forms, assaulting one’s dignity or go beyond the scale of intensity in its necessity of critical analysis. The requirement of substance means the necessity of avoiding bias, overt malice, aggressiveness. Polemical zest does not entitle the critic to aggressive and uncivil statements. Some accusations however cannot be decisively formulated without violating the dignity of the person accused. Quoting the opinions of others in the criticism does not relieve one of responsibility. The right to criticize is within the area of protection by the disposition of Article 10 of The Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights in numerous rulings has made attempts to describe the standards of criticism, whose object can be politicians, people holding public functions, judges and lastly, private individuals.

KEYWORDS

justification, libel, permissible criticism, unlawful libel, truth of charge, right to criticism, notion of criticism, The European Convention on Human Rights and Fundamental Freedom