The offence of defamation – sanctions for disseminating true information SK 15/21
DECISION
of 14 July 2021
Ref. No. SK 15/21
The Constitutional Tribunal, composed of:
Piotr Pszczółkowski – Presiding Judge
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Andrzej Zielonacki – Judge Rapporteur,
having considered, at a sitting in camera on 14 July 2021, Ms E.G.’s constitutional complaint, lodged with the Constitutional Tribunal to consider the conformity of:
Article 212(1) and (2) in conjunction with Article 213 of the Criminal Code of 6 June 1997 (Journal of Laws – Dz. U. of 2019 item 1950):
(a) “insofar as it penalises the public dissemination and/or making of truthful allegations”;
(b) “insofar as it penalises the public dissemination and/or making of truthful allegations concerning a person’s work in a particular profession”;
c) “insofar as it penalises the public dissemination and/or making of truthful allegations concerning a person’s work in a particular profession, if those allegations may undermine the confidence in the person’s suitability to work in a given profession”;
– with Article 54(1) in conjunction with Article 31(3) of the Constitution of the Republic of Poland,
d e c i d e s:
to discontinue the proceedings.
The ruling was unanimous.
Piotr Pszczółkowski
Krystyna Pawłowicz
Stanisław Piotrowicz
Justyn Piskorski
Andrzej Zielonacki