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Wednesday, June 12, 2024

The court of appeal dismissed the lawsuit of the Minister of Justice against the editor-in-chief of tvn24.pl

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The Court of Appeal in Warsaw dismissed the claim of the State Treasury, represented by the Minister of Justice, against the editor-in-chief of tvn24.pl. Thus, he changed the decision of the court of first instance, which ordered the publication of a correction to the material “Tarcza plus” from June 2020. The court also ordered the plaintiff to pay the costs of the proceedings to the defendant. The judgment is final.

In the first instance, in the judgment of December 22, 2021, the District Court in Warsaw upheld the claim of the State Treasury, represented by the Minister of Justice, against the defendant editor-in-chief of tvn24.pl and ordered the publication of a rectification to material entitled “Shield plus” from June 2020, published on tvn24.pl.

The subject of the lawsuit was the statement of lawyer Mikołaj Małecki contained in the material, regarding the threat of punishment for a specific crime indicated in the statement.

On Friday, another appeal hearing was held before the Court of Appeal in Warsaw, where the verdict was announced. The appellate court changed the decision of the first instance, dismissing the claim in its entirety. In addition, the appellate court ordered the plaintiff to pay the costs of the proceedings to the defendant.

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In its oral justification, the court agreed with the arguments raised by the defendants, including that in this case, the State Treasury and the Minister of Justice cannot act as an interested party, because the name of the Ministry of Justice or the minister is not mentioned in the substantive documents. The court also found that Mikołaj Małecki’s statement was of an evaluative nature, which means that it cannot be the subject of rectification.

The court of appeal also agreed with the defendant that the press material posted on the tvn24.pl website, consisting of audiovisual material and text material, is one press material. Therefore, two corrigendums cannot be published as expected.

The judgment is final.

Main photo source: TVN24



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