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Poland

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution provides for freedom of speech and press, and the government generally respected these rights.

Freedom of Expression: The law prohibits hate speech, including the dissemination of anti-Semitic literature and the public promotion of fascist, communist, or other totalitarian systems, and intentional offense of religious feelings.

Violence and Harassment: On February 14, the Katowice regional prosecutor’s office discontinued its investigation into Piotr Wacowski, a cameraman for private television news channel TVN, who was suspected of propagating fascism. The case was related to an investigative report by the journalist showing members of the Pride and Modernity Association dressed in Nazi uniforms and celebrating Hitler’s birthday in 2017. The prosecutor’s office stated it could find no evidence Wacowski had committed a crime.

Censorship or Content Restrictions: The constitution prohibits censorship of the press or social communication. Nevertheless, laws regulating broadcasting and media prohibit, under penalty of fines, license revocation, or other authorized sanctions, the promotion of activities endangering health or safety, or the promotion of views contrary to law, morality, or the common good. The law also requires that all broadcasts “respect the religious feelings of the audiences and, in particular, respect the Christian system of values.”

Critics alleged persistent progovernment bias in state television news broadcasts.

Libel/Slander Laws: Defamation by print and broadcast journalists is a criminal offense and includes publicly insulting or slandering the president, members of parliament, government ministers and other public officials, the Polish nation, foreign heads of state and ambassadors, private entities and persons, as well as insult or destruction of the national emblem, the flag, and other state symbols. Defamation outside the media is punishable by a fine and community service. The courts rarely applied maximum penalties, and persons convicted of defamation generally faced only fines or imprisonment of less than one year. The maximum sentence for insulting the president is three years’ imprisonment.

The Helsinki Foundation for Human Rights and the Association of Polish Journalists reported that journalists convicted of defamation had never received the maximum penalty. According to the association, however, the criminal defamation law may have a chilling effect on journalists, especially in local media, since local authorities may use the law against journalists. Media owners, particularly of small local independent newspapers, were aware that potentially large fines could threaten the financial survival of their publications. According to Ministry of Justice statistics for 2018, the most recent data available, courts convicted one person of insulting the president and three persons for insulting constitutional organs of the government. In 2018 the courts fined two persons for public defamation through media using the public prosecution procedure, when a private person presses criminal charges against another person. In 2018 there were 116 convictions for criminal defamation through media using the private prosecution procedure.

On November 26, the Katowice District Prosecutor’s Office discontinued its prosecutorial investigation into a historian, stemming from a 2015 newspaper interview where the historian alleged that Poles killed more Jews than Nazis in occupied Poland during World War II. The Katowice District Prosecutor’s Office stated it was not its role to settle issues of an historical nature.

On February 12, the Lodz District Court fined investigative reporter Wojciech Biedron 3,000 zloty ($762) on charges of public insult of a judge for inaccurately reporting that a court had initiated disciplinary proceedings against the judge. Several journalists criticized the judgment as overly harsh and disproportionate to the offense.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. The 2015 antiterrorism law permits restrictions on public assemblies in situations of elevated terrorist threats. During the year there were no cases of the prohibition of a public assembly due to an elevated terrorist threat.

In December the Warsaw District Prosecutor’s Office decided to discontinue its investigation into an attack on counterdemonstrators during the November 2017 Independence March. The office stated that continuing the case was not in the public interest and that it was unable to identify the perpetrators of the attack. On February 13, the Warsaw Regional Court struck down an earlier decision by the Warsaw District Prosecutor’s Office to discontinue the investigation and ordered the office to reopen the case. The Prosecutor’s Office had previously asserted the attackers’ intention was to show dissatisfaction and not to physically harm the 14 counterdemonstrators they confronted.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

Section 4. Corruption and Lack of Transparency in Government

Corruption: The law provides criminal penalties for corruption by officials, and criminal prosecutions for official corruption occurred. There were reports of corruption that resulted in legal action.

On January 11, the Przemysl Regional Court sentenced former head of Podkarpackie Province Miroslaw Karapyta to four years in prison for rape and corruption. The court found him guilty of nine charges, including two cases of attempted rape, accepting a personal favor in the form of sexual intercourse, and accepting expensive gifts in return for favors. Karapyta pleaded not guilty and appealed the court’s ruling.

On January 28, the CBA charged the former defense ministry’s spokesperson and a former member of the parliament with exceeding their authority and improperly managing military contracts in order to obtain financial benefits worth more than 90,000 zloty ($22,900).

On March 18, a regional court in Tarnow found the former Rzeszow appellate prosecutor guilty of accepting bribes and abuse of power and sentenced her to a six-year prison term. The verdict was subject to appeal.

Financial Disclosure: Various laws oblige elected and appointed public officials to submit financial statements concerning their financial assets, real property, stocks, and bonds. According to the NGO Stefan Batory Foundation, the CBA was able to screen less than 1 percent of all financial disclosure statements filed by politicians and senior officials. With the exception of certain situations provided for by law, the regulations protect information included in financial statements as “restricted access” information that may be made public only with the written permission of the provider.

After completing an audit of Supreme Audit Board head Marian Banas’ required financial declarations, on November 29, the CBA notified the Prosecutor’s Office of potential crimes committed by Banas related to false property declarations, concealing a property’s actual status, and undocumented sources of income. On December 3, the regional prosecutor’s office in Bialystok opened an investigation. The prime minister and other leaders of the ruling Law and Justice Party called on Banas to resign but, at year’s end, he had not resigned. Banas denied the allegations and sued the media outlet that uncovered the reported improprieties for defamation.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

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The Lessons of 1989: Freedom and Our Future