Polish mayor’s private prosecution of local journalist for insult violated Article 10: Ziembiński v. Poland (No. 2)

By Ronan Ó Fathaigh

The European Court’s Fourth Section has held in Ziembiński v. Poland (No. 2) that a newspaper editor’s conviction for describing local government officials as “dim-witted” and a “numbskull” violated the editor’s Article 10 right to freedom of expression. The judgment may prove decisive for future prosecutions of journalists under article 216(2) of Poland’s criminal code, which makes it a specific offence to “insult” a person “through the mass media,” and carries a possible one-year prison sentence. Tragically, however, the editor, Maciej Ziembiński, passed away two years ago aged 70, and did not live to see the Court’s finding that his conviction violated the European Convention.

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