- Business in Poland -
Defamation lawsuit – is it worth it and how can you fight false accusations effectively?
Defamation is the accusation of a person, group of persons, institution, legal entity or organisational unit without legal personality of conduct or characteristics that may lower them in public opinion or expose them to the loss of trust necessary for a given position, profession or type of activity. This is how defamation is described in Article 212 § 1 of the Polish Criminal Code [1].
In practice, defamation cases often involve press publications, social media posts, statements made by former employees, disputes between shareholders or partners, anonymous online reviews, actions by competitors, notices sent to contractors or authorities, and internal communication within an organisation.
For businesses, the problem does not end with the statement itself. A defamatory allegation may affect relationships with banks, clients, employees, regulators and business partners. That is why the question "is a defamation lawsuit worth it" requires not only a legal assessment, but also an evaluation of reputational, evidentiary and communication risks.
Defamation lawsuit - when does legal action make sense?
A defamation lawsuit may be justified when a statement goes beyond the limits of criticism, concerns specific facts or attributes dishonesty, criminal conduct, lack of competence, unreliability or other features that may undermine trust. The reach of the publication, the status of the defamed person or entity, the context of the conflict and the actual impact on business operations are also important.
It is worth considering action when:
- the defamatory allegation is public and easy to share further,
- it harms professional, managerial or business reputation,
- it may affect tenders, financing, employee relations or contracts,
- the perpetrator acts persistently or as part of a wider campaign,
- there is evidence enabling the author, content, date and reach of the statement to be established.
Not every negative opinion justifies criminal proceedings. Criticism, assessment of service quality or even sharp polemics may fall within the limits of freedom of expression. The line is crossed in particular when the statement presents false facts or suggests facts without any basis.
In media and reputation-related cases, protection of personal rights under Articles 23 and 24 of the Polish Civil Code [3] is often analysed in parallel. More information about this area of practice is available on the page concerning protection of personal rights and media law.
How to prove defamation - key evidence
The phrase "how to prove defamation" accurately reflects the main challenge in these cases. A mere sense of harm is not enough. It is necessary to show exactly what was said or published, by whom, who received it, and why it could expose the injured party to a loss of trust or public humiliation.
The following evidence is most commonly secured:
- screenshots showing the website address, date and full context of the statement,
- recordings, correspondence, emails, messenger messages and internal documents,
- data from website, portal or platform administrators, if identifying the author is necessary,
- witness statements from people who saw the publication or heard the statement,
- evidence of consequences, such as loss of a contract, reactions from business partners, questions from a bank or escalation within the organisation,
- analysis of the publication’s reach, including the number of views, shares and citations.
In online defamation cases, speed matters. Content may be deleted, changed or hidden. For this reason, evidence should be secured before sending a cease-and-desist letter or a request to remove the infringement, if there is a risk that the author will delete the material and make it more difficult to prove its content.
Criminal proceedings, civil proceedings or both?
As a rule, defamation under Article 212 of the Polish Criminal Code is prosecuted by private prosecution [1]. This means that the injured party files a private indictment and supports it before the court. In cases of particular importance, the public prosecutor may take over the prosecution, but this depends on an assessment of the public interest.
The civil route is primarily used to protect personal rights. A claimant may seek, among other things, cessation of infringements, removal of their effects, publication of an apology, payment of compensation for non-material harm or an appropriate amount for a social cause [3]. In press-related cases, a press correction under the Polish Press Law [5] may also be relevant.
The choice of route depends on the objective. Criminal defamation proceedings can be effective when a formal finding of unlawful defamation and the perpetrator’s liability are important. Civil proceedings are more often used to obtain an apology, remove a publication and repair reputational harm. In some cases, combining both routes is justified, but it requires a coherent strategy.
A practical discussion of media-related cases is also available in the article on how to effectively fight media defamation.
Exceptions and limitations that may exclude liability for defamation
Article 213 of the Polish Criminal Code provides for situations in which the offence of defamation is not committed [1]. In practice, the following rules are the most important:
- there is no offence under Article 212 § 1 of the Polish Criminal Code if a non-public allegation raised or circulated is true,
- a person does not commit an offence under Article 212 § 1 or 2 of the Polish Criminal Code if they publicly raise or circulate a true allegation concerning the conduct of a person performing a public function,
- a person does not commit an offence under Article 212 § 1 or 2 of the Polish Criminal Code if they publicly raise or circulate a true allegation made in defence of a socially justified interest,
- if the allegation concerns private or family life, evidence of truth may be taken only where the allegation is intended to prevent danger to human life or health, or the demoralisation of a minor.
These exceptions and limitations do not mean that statements may be made freely without consequences. The truth of the allegation, the public interest, the form of publication and the proportionality of the statement are assessed in the specific factual circumstances. A reliable article based on documents will be assessed differently from an anonymous post suggesting criminal conduct without any basis.
Defamation lawsuit costs - what should be taken into account?
The phrase "defamation lawsuit costs" covers several categories of expenses. In a criminal case brought by private prosecution, the private prosecutor pays a lump-sum equivalent of expenses, as provided for in Article 621 of the Polish Code of Criminal Procedure, with the amount determined by implementing regulations - currently PLN 300 [2], [6]. In practice, the costs of legal representation, possible expert opinions, notarial evidence preservation, translations and technical measures to identify the perpetrator should also be considered.
In civil cases concerning the protection of personal rights, court fees provided for in the Act on Court Costs in Civil Cases [4] are important. If a monetary claim is pursued, the costs also depend on the value of the claim. The court may also decide on reimbursement of litigation costs according to the outcome of the case.
The cost assessment should also include alternative costs. Failure to react may reinforce a false narrative, increase the number of publications and make later action more difficult. On the other hand, filing a claim too hastily may publicise the dispute if the case has not been properly prepared in terms of evidence and communication.
How to prepare an effective strategy?
An effective strategy starts with an audit of the statement. It is necessary to separate facts from opinions, identify the audience, reach, author and purpose of the publication. The appropriate tools should then be selected: a request to remove content, a demand for an apology, a correction, a private indictment, a civil claim, interim measures or action against an online platform.
In corporate cases, internal communication is also important. The management board, compliance team, HR department and legal department should know what information may be shared with employees and contractors so as not to breach trade secrets, the personal rights of others or the rules governing evidence.
Kopeć & Zaborowski Law Firm handles reputation, criminal and civil cases in which rapid evidence preservation and choosing the right course of action are crucial. If the situation requires an assessment of litigation and communication risks, a consultation with KKZ lawyers via the law firm’s website may be helpful.
This material is for informational purposes only and does not constitute legal advice. The assessment of whether a defamation lawsuit is justified always depends on the content of the statement, the evidence, the context of publication and the objective to be achieved.
FAQ - defamation lawsuit
Is every false opinion defamation?
No. Defamation concerns an accusation of conduct or characteristics that may lower someone in public opinion or expose them to a loss of trust. A negative assessment alone may fall within the limits of criticism if it does not attribute specific disqualifying facts.
Can a company be a victim of defamation?
Yes. Article 212 of the Polish Criminal Code covers natural persons, groups of persons, institutions, legal entities and organisational units without legal personality [1], so an entrepreneur or company may also be protected.
Is a criminal or civil defamation case better?
It depends on the objective. Criminal proceedings focus on the perpetrator’s liability. Civil proceedings are more often used to remove the effects of the infringement, obtain an apology and pursue monetary claims. In some cases, both routes are justified.
How quickly should evidence be secured?
Ideally, immediately after the defamatory allegation is discovered. This is particularly important online, where posts may be deleted, changed or moved to closed groups.
Does a true allegation always exclude liability?
Not always. In the case of a public allegation, it is also important whether the allegation concerns the conduct of a person performing a public function or serves to defend a socially justified interest. For allegations concerning private or family life, evidence of truth is additionally limited by Article 213 of the Polish Criminal Code [1].
How long does a defamation lawsuit take?
The duration depends on the number of pieces of evidence, witnesses, the need to identify the perpetrator, expert opinions and the court’s caseload. Simpler cases may be resolved faster, while media or business disputes often require longer evidentiary proceedings.
Bibliography
- [1] Act of 6 June 1997 - Polish Criminal Code, in particular Articles 212-213.
- [2] Act of 6 June 1997 - Polish Code of Criminal Procedure, in particular provisions on private prosecution and Article 621.
- [3] Act of 23 April 1964 - Polish Civil Code, in particular Articles 23, 24 and 448.
- [4] Act of 28 July 2005 on Court Costs in Civil Cases.
- [5] Act of 26 January 1984 - Polish Press Law, in particular provisions on press corrections.
- [6] Regulation of the Minister of Justice of 28 May 2003 on the amount of the lump-sum equivalent of expenses in private prosecution cases.
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
