Poland's continuing prosecution of journalists violates international standards, says OSCE media freedom watchdog
VIENNA, 6 August 2007 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, has condemned the sentencing of Gazeta Wyborcza journalist Jacek Brzuszkiewicz, and urged Poland to decriminalize press offences.
"After this new prison sentence, Polish editors will have to think twice before publishing critical stories about officials," wrote Haraszti in a letter to Polish Justice Minister Zbigniew Ziobro. He noted that this was not the first case of a journalist receiving a sentence based on defamation provisions.
"The reason is a continuing governmental lack of action to change the underlying inadequate libel and insult provisions of the Polish law."
Brzuszkiewicz was convicted of criminal defamation against a judge, according to Article 212 (2) of the Polish Criminal Code, and sentenced to six months, the term suspended for three years, and to a heavy fine. The conviction was based on a series of articles that Brzuszkiewicz wrote years ago. Brzuszkiewicz is appealing against the verdict.
"The European Court of Human Rights has consistently rejected even suspended imprisonment for defamation as damaging the free discussion of public issues," said the OSCE Representative. "Had any of these convictions already reached the Strasbourg court, Poland almost certainly would have been found at fault."
Haraszti urged Poland to join those countries that already follow the jurisdiction of the European Court of Human Rights, saying: "It is high time for Poland to decriminalize speech offences to avoid embarrassing convictions of journalists for libel and insult in the future."