Local Media in Poland - Court Cases

1. Investigative Journalism Can Be Risky

Investigative journalists in local newsrooms often remain in the shadow of their national colleagues, yet it is frequently they who first uncover a scandal. Such was the case with the notorious 1998 scandal involving the Warsaw-based company "Banpol," which engaged in shady dealings with the Gdańsk directorate of "Polish Post." The topic was first covered by "Dziennik Bałtycki," but the scandal only gained national attention after "Rzeczpospolita" published it. There are, of course, many similar examples. The difference lies in the fact that local journalists are much more vulnerable to retaliation from those they expose, and that retaliation is not always legally sound.

In early 2000, Robert Grygiel, a journalist with "Tygodnik Pałuki" from Żnin, exposed a foundation set up by the mayor of Mogilno, supposedly to benefit the local hospital but unofficially used to siphon off significant funds. The same author also uncovered that a senior county official was employing his children—and those of acquaintances—in agencies under his supervision. Following publication, the newsroom began receiving threatening phone calls, and suspicious-looking individuals started loitering around the journalist`s home [1]. Other revealing publications in "Tygodnik Pałuki" led to a series of attacks on the newsroom itself: an assailant broke a journalist`s nose in the hallway, and stones were thrown at the office`s windows, which today are proudly displayed as "milestones of journalism."

Retaliations against journalists exposing misconduct and crimes can be unpleasant. Adam Kapłon, a journalist with "Wiadomości Krajeńskie" from Sępólno, learned this firsthand after exposing a well-known coach in the city for sexually exploiting one of his female athletes. He also accused and proved the local police chief’s deceit. His retaliation came quickly—he was evicted from his public housing in the dead of winter, on the recommendation of the police chief he had exposed. Although the eviction was illegal, it demonstrated the risks of crossing those in power, even on a local level.

A similar price for pursuing the truth was paid by "Kurek Mazurski." Unflattering articles about municipal authorities led to the cancellation of a contract to publish a local government insert in the weekly and, eventually, to the newsroom being evicted. The newsroom took the case to court and won only after municipal elections, when the voters elected a new governing team.

"Tygodnik Tucholski" lost paid advertisements from the local government after revealing details about the deputy mayor’s education. Journalists found out that the deputy mayor completed his high school diploma while already in office. A day after publication, the politician met with the article’s author, hinting that it would be better for the newsroom if the piece hadn`t been published. He kept his word by halting municipal ads in the paper.

Jerzy Jurecki, editor-in-chief of "Tygodnik Podhalański," had to apologize on the front page of his newspaper to the chairman of the City Council in Nowy Targ after writing that, during breaks in council sessions, ruling-party council members would meet with the opposition in bushes near the office to discuss voting strategies. In court, it was confirmed that such meetings took place. However, Jurecki could not substantiate his claim that the chairman removed agenda items unlikely to gain majority votes.

Tomasz Gawiński, a journalist with "Głos Wybrzeża," was fined eight thousand złotys. In April 2001, he lost a lawsuit related to his investigation into police connections at the Gdańsk Provincial Police Headquarters. In a series of articles in 1996, he revealed that the commander, Mieczysław Prokop, tolerated one of his subordinates` gambling addiction and covered up an incident in which his driver hit a woman and behaved arrogantly toward her. In July 2000, a first-instance court found the articles "Głos Wybrzeża" to be unreliable. The Gdańsk District Court further declared, "The defendant acted intentionally. There is no doubt that he committed defamation."

In a statement to the Polish Press Agency on April 23, 2001, Gawiński said, "I disagree with this verdict. I believe I did everything expected of a journalist in writing those articles. My work style might be debatable, but not the substance." Gawiński claims he based his articles on earlier publications about Prokop in other newspapers, which the former commander did not refute.

Journalist Szymon J., editor-in-chief, and the paper "Super Nowości" were fined seven thousand złotys for defaming the Podkarpackie Province Governor and current Deputy Marshal of the Province. The Rzeszów Court of Appeal issued this verdict on April 5, 2000, ruling that the defendants pay almost four thousand złotys to Governor Zbigniew Sieczkoś and more than four thousand złotys in court fees to current Deputy Marshal Jan Tomaka, as well as fifteen hundred złotys in partial appellate costs. In addition, the defendants had to publish corrections and apologies in three local newspapers.

In early 2001, Podlasie Province Governor Krystyna Łukaszuk filed a private lawsuit in the Białystok District Court against journalists of "Kurier Poranny," demanding compensation for a series of articles that, in her view, violated her personal rights as governor. The case is ongoing.

At times, however, individuals exposed by the press take simpler measures. Henryk Podejko, chairman of the Nakło nad Notecią City Council, became the subject of unflattering articles in "Nakielski Czas," which accused him of abusing his position and illegally collecting allowances. He sought out the author of the publications, Jacek Gratkowski, intending to physically assault him, but it ended only in threats. The matter was reported to the prosecutor’s office by Kazimierz Grzechowiak, editor-in-chief of "Nakielski Czas." The council chairman retaliated by suing the weekly for distortions and manipulation, angered by the newsroom`s decision to distribute copies of the complaint to various municipal institutions.

Attempts at violence against journalists, not only investigative ones, are unfortunately not isolated cases. By the late 1990s, the issue had grown so serious that the Press Freedom Monitoring Center had to intervene. Professors Andrzej Rzepliński and Andrzej Goszczyński condemned such incidents in Kraków, Wrocław, Łódź, Warsaw, and Płock, where the violence against journalists involved public officials and even the police. The Center’s representatives unequivocally declared this an attack on the freedom of the Polish press [3]. Sadly, despite this, cases of aggression toward journalists persisted, and they may never be entirely eliminated.

Investigative journalism is often overlooked in local media. If an investigative story arises, it is welcomed, but newsrooms usually do not invest in investigative journalists. This is particularly risky, as court cases frequently ensue, and smaller newsrooms cannot afford in-house legal counsel to review materials before publication. Local media thus produce genuine gems of investigative journalism, but their authors are often more vulnerable than their colleagues in major, well-funded outlets. The consolation is that local investigative journalism often gains national attention, as in 2000, when "Gazeta Morska," a Gdańsk supplement of "Gazeta Wyborcza," uncovered a significant scandal.

The journalists discovered corrupt contracts between the Gdańsk District Heating Company and a private firm connected to municipal officials. The investigative story led to the dismissal of officials responsible for overseeing the municipal company, and the company’s president was arrested.

Another successful investigative story was published by the editors of "Panorama Oleśnicka," who exposed financial fraud in the management of the "Zacisze" Housing Cooperative. They discovered that an employee had embezzled two billion old złotys over five years. Following "Panorama’s" reports, the trial of the arrested cashier drew national attention [4].

2. Restrictions on Journalists

The most well-known case of restrictions on journalists and media, in general, is the Gdańsk Provincial Court ruling from November 24, 1998. At the request of the Warsaw company "Banpol," the court prohibited "Dziennik Bałtycki," especially journalist Jan Kreft, from publishing anything about the company. Similar restrictions were placed on journalists from "Nowy Kurier Szczeciński," who were prohibited by the Szczecin court from investigating three council members suspected of harming the city’s interests.

In the late 1990s, several surprising rulings occurred in the Polish press market when courts decided to reinterpret the country`s Press Law. Journalists affected by these unprecedented judgments attribute them to the lack of familiarity with Press Law among judges, but these rulings remain legally binding.

The July 1997 ruling of the Koszalin Provincial Court, upheld by the Gdańsk Court of Appeal in January 1998, is astounding. The courts found "Głos Pomorza" in violation for publishing a reader`s letter, previously edited for length by the editorial team [7].

In another unprecedented case, the Supreme Administrative Court ruled in March 2000 in a lawsuit brought by the editor-in-chief of "Słowo Podlasia" against local officials in Łosice. The officials refused to release the minutes from a meeting of the municipal council’s audit committee. The court ruled that local government decides which information is confidential, shaking the constitutional right to free speech and enabling local governments to withhold inconvenient information from journalists and, by extension, the public.

In a humorous twist, the editor of "Tygodnik Pałuki" was "punished" by the then-mayor of Barcin, who read poems and verses during a City Council meeting, one of which was a satirical jab at the editorial staff for publishing critical articles about her.

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• [1] Piotr Schutta, "Śledź w sosie własnym," "Press" no. 6/2000.
• [2] Polish Press Agency, April 4, 2000
• [3] Statement by the Press Freedom Monitoring Center on violence against journalists, July 14, 1997
• [4] TM, DA, "Malwersacje w Zaciszu," "Panorama Oleśnicka" no. 34/1999
• [5] Malwina Słoka-Chlabicz, "Świadkowie oskarżeni," "Press" no. 2/2001
• [6] Maciej Duda, Daniel Walczak, "Przesłuchać!," "Press" no. 6/2001
• [7] Marek Trzebiatowski "Czytelnik-autor," "Press" no. 2/1999
• [8] Further details in the chapter "Freedom of Speech"
• [9] RMF FM

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