The responsibility of the journalist for the responses when interviewing and the right to freedom of expression
JUDGMENT
Kącki v. Poland 04-07-2017 (no. 10947/11)
SUMMARY
Criminal conviction of a journalist who interviewed a political party member who claimed that a MEP promised her to hire her as a sex worker. The MEPs sued the journalist for the interview, that contained unfavorable responses for him and the national courts condemned him. His criminal conviction violates the journalist’s freedom of expression.
PROVISION
Article 10
PRINCIPAL FACTS
The applicant, Marcin Kącki, is a Polish national born who was born in 1976 and lives in Poznań (Poland). Mr Kącki is a journalist who was found criminally responsible for the defamation of a politician. In December 2006 he published an interview in which a member of a political party describes her interactions with party officials. In particular, she describes how she was offered a paid position in the office of a Member of the European Parliament in exchange for sexual favours, but was later told that the position was given instead to the MEP’s daughter. The MEP filed an indictment against Mr Kącki, claiming that he should be made criminally liable for his allegations of nepotism. The courts ruled in the MEP’s favour, and Mr Kącki was ordered to pay a fine to charity of 1,000 Polish zlotys, plus costs.
Mr Kącki complained that the authorities had failed to properly consider his rights under Article 10 (right to the freedom of expression) when making him criminally liable for publishing the interview.
THE DECISION OF THE COURT
Violation of Article 10
Just satisfaction: 5,000 euros (EUR) in respect of non-pecuniary damage