Sebastian M. called the citizens of the Republic of Poland a bummer. The court found him guilty of defamation

obywatele.news 1 year ago

The case is crucial to us. It is about our reputation and incontestability about the intentions of our actions, and although we have already reportedly written about winning the case with Sebastian M, it is not until this year that we have received a judicial justification, which, in our opinion, is devastating to the right-wing Republic worshiped by the camp today.

It was January 9, 2019. Polish citizens conducted a blockade of entry into the Ministry of Justice. The action lasted respective hours, it was a extremist appeal to reconstruct the regulation of law. Citizens held a banner of content.

‘We demand:
Restoring justice Yuschyn to judge
Non-political National Judiciary Council
Elimination of the political strategy of repression against judges
Courts independent of politicians
To guarantee that the executive and legislative authorities respect the final decisions of the courts.”

After this action, the Republic of Poland appeared on the tv website a material attributing citizens of Poland to participation in communist safety services and safety office. The material includes, among others, the following words concerning the organizers of the protest: "an anti-Polish organization, which brings together erstwhile UBs and SBs" and "people who defend the UBs and SBs and want to return to the communist power". The article was signed with the initials text.

The citizens of the Republic of Poland felt that calling them urices and esbeks demands correcting harmful content and punishing the perpetrator of defamation. That is why respective people accused Sebastian M., who allowed specified publication, of defamation – i.e. the act of art. 212 §2 kk.

The case lasted almost a year, six hearings were held. respective Polish citizens: Piotr Skantak, Kinga Kamińska, Danuta Zawadzka, Michał Dadlez, Wojciech Kinasiewicz provided extended explanations which the court considered reliable, consistent and logical. The prosecutor's attorney, Radosław Baszuk, moved papers and materials that clearly showed the defendant's responsibility. Finally, the court issued a conviction stating, inter alia:

Such terms: anti-Polish, association of erstwhile UB-eks and SB-eks, wishing to return communists – are undoubtedly defamatory terms – they can demean in public opinion, they are clearly negatively perceived in Polish society, they can break public assurance in persons so defined or Movement, an organization expected to have specified properties, goals.
The prosecution has shown through evidence in the form of witness evidence that no of the private prosecutors, participants of this protest or participants of the Polish Citizens Movement are erstwhile UB-ek, erstwhile SB-ek, do not want to return to communist power or communism. On the contrary, they are people who actively acted in the anti-communist opposition in the times of the Polish People's Republic, many of whom are well-deserved activists of the anti-communist opposition. On the another hand, the "citizens of the Republic" movement itself – as the mission shows, declarations – brings together people who want to stand defender and take action for values specified as human dignity, the regulation of law, civilian rights, freedom of assembly, the right to peaceful protest.

The court considered whether Sebastian S. Press law makes the editor-in-chief responsible, Sebastian M. was liable for the net service, and the suspect was required to verify the content. So the court accepted that the suspect allowed specified material to appear. The court ruled on purpose.

The court considered that the harmfulness of the act is crucial due to the fact that the usage of specified words to those who have merit from the anti-communist opposition undermines trust and their credibility.

Judge Margaret Rutkiewicz–Rzasa found Sebastian M. guilty of defamation and judged