OSCE media freedom representative welcomes amendment to Polish ‘Holocaust law’ about which he previously raised serious concerns

VIENNA, 28 June 2018 - The OSCE Representative on Freedom of the Media Harlem Désir welcomed yesterday’s initiative by the Prime Minister of Poland, Mateusz Morawiecki, to amend the ‘Holocaust law’ and the swift decision by the lower house of Poland’s parliament to remove criminal penalties for ascribing any responsibility to the Polish nation for the Holocaust, including suggestions regarding its complicity. 

“It is very positive that Poland has decided to amend the law and responded to international concerns and criticism of the law expressed by civil society organizations, intellectuals and also my Office,” said Désir. “History must remain a matter of independent academic research and free debate, not to be regulated by law.”

The criminal penalties – which would impose a fine or a three-year prison term on Polish citizens or foreigners for using terms such as “Polish extermination camps” – had been enacted under the Act on the Institute of National Remembrance on 26 January 2018.

While welcoming the decision to remove the criminal law provisions of the ‘Holocaust law’, the Representative also cautioned that some provisions of the law remain problematic from a freedom of expression perspective.

“Through civil defamation, the Holocaust law still targets speech that criticizes and may damage Poland and the Polish state. The protection of the reputation of a state as such is not a legitimate basis for any civil defamation law. Defamation laws are there to protect the reputations of individuals – not states. Accordingly, Poland should also repeal any civil defamation laws protecting Poland or the Polish state,” he concluded.

The earlier statement by the OSCE Representative on Freedom of the Media Désir on Poland’s ‘Holocaust law’ is available here: https://www.osce.org/fom/369221

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.