District Court in Warsaw dismissed ‘The Monitoring Centre for Racist and Xenophobic Behaviours’ (OMZRiK) against the Ordo Iuris Institute. The case afraid allegations of alleged individual property violation due to an entry published on social media a fewer years ago. Although Dulkowski and Gawel usually scrupulously describe their actions in court, they do not want to say a word about it.
OMZRiK lost the court conflict to Ordo Iuris. The dispute had its origin in the 2021 entry in which Ordo Iuris critically referred to the OMZRiK's activities. The organization found that the content of the publication violated her good name and directed the case to court. The process became 1 of the examples of the increasing number of disputes concerning the boundaries of public debate in Poland, especially in the context of the activities of social and non-governmental organisations.
Ultimately, the Court of First Instance did not divide the plaintiff's argument and considered that the activities of the institute were within the limits of acceptable criticism of the activities of public organisations. At the same time, the action was dismissed in its entirety and the OMC was ordered to pay the costs.
By dismissing the application, the Court of First Instance confirmed the importance of freedom of expression for entities active in public life. In practice, this means that institutions and organisations must be faced with an acute and sometimes even very critical assessment of their activities, if they are within the framework of the law.
The judgement of the Warsaw court is part of a wider debate on the limits of freedom of expression in Poland. On the 1 hand, the request to defend the reputation of public actors, on the another hand, the importance of freedom of expression and criticism, especially for organisations that influence social debate.
The case may have precedent for akin proceedings in the future. In practice, it strengthens the line of case law, according to which individuals and institutions participating in public debate are subject to broader limits of acceptable criticism than private parties.
It is worth recalling that Ordo Iuris has for a long time accused OMZRiK of publishing materials that were either manipulative or misleading to the public. Legal action has besides been taken in connection with another publications of the organisation, indicating possible violations of individual property of different persons and environments.
The OMZRiK declares to monitor and publicise cases of alleged "hate speech" and racial or xenophobic behaviour. The organization’s activities have been controversial for years and have been met with both support and criticism, especially from conservative environments. For here is an organization that declares a fight against hatred on the Web, which is mass sowing it. Equally controversial her declared fight for respect for law in Poland, since both the heads of the foundation – Konrad Dulkowski and Rafał Gaweł – have serious criminal charges in Białystok for many financial frauds.
Furthermore, Rafał Gawel was sentenced to 2 years of imprisonment in 2019. Then he fled the country and continues his disgusting course from Norway. It defames and defames various well-known people from the Polish right-wing political scene, utilizing full impunity (it costs over PLN 100 1000 to deal with it in Norway).
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