CoE: Conviction for the insult of a person through mass media according to the Polish Crimial Code violates Art. 10 ECHR
by Dr. Silke HansThe Criminal conviction and imposition of a fine on a journalist under 216(2) of the Polish Criminal Code for an article mocking local government officials violates the editor´s right of freedom of expression. With this judgment from July 5th 2016 in the Case of ZIEMBIŃSKI v. POLAND (No. 2) the European Court of Human Rights underlines the editor´s right of freedom of expression as protected under Art. 10 ECHR.
In August 2004, the applicant was proprietor and editor-in-chief of the local newspaper Komu I Czemu and published an article headlined “Elegantly wrapped dung”, in which he criticized…
