Published on 3 October 2022

FIRST SECTION

Application no. 54878/19 Gerard WEYCHERT and Others against Poland lodged on 10 October 2019 communicated on 14 September 2022

SUBJECT MATTER OF THE CASE

The application concerns the criminal conviction of the three applicants (see the appended list), members of the management board of a housing cooperative, for a statement they published on the front page of the cooperative’s newspaper, concerning reasons for disciplinary dismissal of another member of the board, K.W. They made a statement that K.W. had committed a criminal offence and lost the trust of the cooperative. His name was not explicitly stated but his position was indicated which made him easy to identify.

The applicants were found liable for defamation of K.W. and ordered to pay 300 Polish zlotys (PLN) (75 euros (EUR)) each to charity, reimburse the expenses to the private prosecutor and bear the costs of the trial. The applicants complained that their right to freedom of expression had been violated.

QUESTION TO THE PARTIES

Has there been an interference with the applicants’ freedom of expression, within the meaning of Article 10 § 1 of the Convention (see, Długołęcki v. Poland , no. 23806/03, 24 February 2009; Kurłowicz v. Poland , no. 41029/06, 22 June 2010; Zybertowicz v. Poland , no. 59138/10, 17 January 2017; and Banaszczyk v. Poland , no. 66299/10, 21 December 2021)? If so, was that interference lawful and justified in terms of Article 10 § 2?

APPENDIX

No.

Applicant’s Name

Year of birth

Place of residence

1.Gerard WEYCHERT

1972Jastrzębie Zdrój

2.Agnieszka CICHOŃ

1971Jastrzębie Zdrój

3.Radosław PLUTA

1966Jastrzębie Zdrój