- Author:
Paulina Kwiatkowska-Serafin
- Institution:
Ministerstwo Kultury i Dziedzictwa Narodowego
- Year of publication:
2016
- Source:
Show
- Pages:
152-163
- DOI Address:
https://doi.org/10.15804/tpn2016.2.08
- PDF:
tpn/11/TPN2016208.pdf
Form of an artistic expression, satire has been present in human’s life for ages. It has many varieties and forms. From the very beginning its practitioners have been subjected to the public authorities restrictions and have been getting into trouble with the ones who became objects of the artist projections. In Polish regulation – law, there is a justification of admissible satire, covered by the article 41 of the press law, witch is an extension to the justification of admissible criticism, covered by the article 213 of the polish penal code. However, there is no such thing as justification of art. due to this fact, the artist may be fully liable both for violation of personal rights and the offence of defamation.
- Author:
Zuzanna Nowicka
- E-mail:
z.nowicka@wpia.uw.edu.pl
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0009-0009-4095-2296
- Year of publication:
2023
- Source:
Show
- Pages:
341-347
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.25
- PDF:
ppk/73/ppk7325.pdf
Gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10
No legitimate aim of proceedings for protection of reputation initiated by public authorities – gloss to the judgment of the ECtHR of 15 May 2022, OOO Memo p. Russia application no. 2840/10 On March 15, 2022. The European Court of Human Rights issued its judgment in the case of OOO Memo p. Russia, Application No. 2840/10. This judgment represents a turnaround in the Court’s previous line of jurisprudence. The ECtHR ruled that proceedings for civil defamation brought by public authorities have, as a rule, no legitimate aim and are thus incompatible with Article 10 of the European Convention on Human Rights. The judgment establishes a higher level of protection against unjustified interference with freedom of expression than has been the case to date, and will have significant consequences for both proceedings before the ECHR and domestic proceedings. The judgement is also important because it draws attention to the problem of Stategic Lawsuits Against Public Participation.