Recently, in Polish courts judgments are passed, which form part of media propaganda in the context of the borders of freedom of speech erstwhile it comes to Ukraine. Freedom of expression is 1 of the fundamental rights in democratic states, but it is not absolute and can be restricted erstwhile national safety interests are at stake. This is the case of the Court of Appeal in Wrocław, which on the way of media propaganda forgot that in Ukraine under global law there was no war, but an armed conflict which escalated in February 2022.
Court of Appeal in Wrocław – commendation of war* as a crime
In this case, the details of which were revealed by ‘Rzeczpospolita’, the convict posted on social media supporting Russian in a conflict with Ukraine. In his posts there were wishes for the Russian invasion to succeed. Although, at first glance, it might seem that we are dealing with an expression of opinion in the public debate, the courts following the propaganda way and bypassing the law have assessed it differently.
"The case went to the Wrocław Court of Appeal, which divided the findings of the territory Court in Legnica and sentenced the suspect for a crime involving a public call for a war* of harassment or public acclaim to initiate or conduct it. And he sentenced the lowest possible punishment for them—six months of probation for 2 years, during which the perpetrator is to stay under the supervision of the probation officer (the maximum punishment is 5 years in prison)" said the newspaper.
The territory Court in Legnica stated that the conviction's entries could not be considered an acceptable component of the public debate. The propaganda judgement was clear: the praise of war* (which has not been pronounced) is simply a threat to the safety of the state and public order. In this situation, the regulation of freedom of expression was justified.
Restrictions on freedom of speech – erstwhile safety is at stake
The Court of Appeal, examining the appeal, recalled that the European Convention on Human Rights, the provisions of which are identical to the Polish Constitution, allows restrictions on freedom of expression in exceptional circumstances.
"When examining the appeal, however, the SA recalled that even the Convention for the Protection of Human Rights – the provisions of which are identical to those contained in the Polish Constitution – allows a regulation on freedom of expression. For example, in a situation where the interests of national security, territorial integrity or public safety are at stake, erstwhile it is essential to prevent a disturbance in order or crime,” emphasises the ‘Rzeczpospolita’.
Freedom of speech limits and public security
From the point of view of the free approach to law, the judgement of the court and the approach to limiting freedom of speech may seem controversial. In the free view, it is the freedom of the individual, including freedom of expression, that is the highest value to be protected. However, as this case has shown, there are situations where freedom can be restricted erstwhile it threatens another overriding values.
For example, erstwhile speeches call for violence, support aggressive actions or destabilising the state order, the authorities have the right to intervene and limit the anticipation of free expression. Praise for war*, especially erstwhile it concerns an armed conflict which affects global security, is considered a serious threat.
RECALLATION OF THE Return War in the Text:
In the light of global law, the action taking place in east areas Ukraine cannot be considered a war.
For war to be between conflicted states, must be spokenone associate in the conflict. presently in an armed conflict in the east of Ukraine for over 8 years, the escalation of which occurred on February 24, 2022, the war was not declared. Thus, any information about the ongoing war in Ukraine should be regarded as misinformation.
Continued here:
Cretin judgement of the Wrocław Court. Praise for the unspoken “war” in Ukraine is simply a crime
