Polish journalist convicted for asking a question. Does press freedom still exist in Poland?
The Center for Monitoring Press Freedom (CMWP SDP) stands in Defense of Mateusz Teska and has repeatedly protested against the unjust conviction of investigative journalist Mateusz Teska, affiliated with Magazyn Anity Gargas. His appeal hearing is scheduled for February 26, and CMWP SDP is calling for his acquittal and the dismissal of the case as baseless.
Polish Journalist Convicted for Gathering Information
On July 17, 2024, the District Court in Płock sentenced Mateusz Teska under Article 212 of the Polish Penal Code to: 2 months of restricted freedom with mandatory unpaid community service (40 hours per month), a requirement to apologize to the plaintiff and reimbursement of court costs. His alleged crime? Sending an email to the press office of a state institution with questions regarding a retired judge. The judge accused him of defamation, despite the fact that he never published any article—he was merely collecting information for a potential future publication.
“A Journalist Cannot Defame by Asking a Question”
CMWP SDP in its legal opinion argues that the conviction lacks legal basis, emphasizing that a journalist cannot commit defamation simply by asking a question. Moreover seeking information is a fundamental right and duty of the press and even under the restrictive Article 212, there were no grounds for conviction.
“The actions of Mateusz Teska—gathering information about a public figure—fall within the journalist’s obligation to inform society,” states Dr. Jolanta Hajdasz, Director of CMWP SDP.
SLAPP Tactics: Silencing Journalists Through Legal Intimidation
CMWP SDP classifies the case as a SLAPP (Strategic Lawsuit Against Public Participation)—a legal strategy aimed at intimidating journalists and discouraging critical reporting on individuals connected to the judiciary.
“The conviction of a journalist for merely asking questions creates a chilling effect,” Dr. Hajdasz warns.
This verdict could deter other journalists from investigating matters of public interest, fearing similar retaliatory legal actions.
Violation of International Standards on Press Freedom
The European Court of Human Rights (ECHR) has repeatedly ruled in favor of press freedom, emphasizing that public figures (such as judges) must accept greater scrutiny, freedom of the press is a cornerstone of democratic society and criminal penalties for journalistic work violate international human rights standards.
CMWP SDP underscores that Poland’s Article 212 has long been criticized for being a tool of censorship and repression against journalists, calling for its removal from the legal system.
A Call to Action: Defending Free Journalism in Poland
The conviction of Mateusz Teska sets a dangerous precedent. Holding journalists criminally liable for performing their duties undermines democracy and threatens media freedom in Poland.
“A conviction for merely asking questions is incompatible with the fundamental principles of a democratic state,” concludes Dr. Hajdasz.
Stay Informed – Support Press Freedom in Poland
For more details on this case and updates on press freedom in Poland, visit CMWP SDP’s official website.