Our dedication to litigating the defamation case against former TVP journalist has resulted in significant success.
Recently, Dorota Łosiewicz, a former employee of TVP and now a TV Republika associate, was finally convicted of defamation of Arkadiusz Szczurek. Engr. Szczurek is a legendary oppositionist, social activist, co-founder of the Citizens of Poland movement, and above all, the leader of the Flying Opposition Brigade.
The case concerned Łosiewicz’s statement made in 2020 on TVP Info’s program “W tyle wizji,” where she falsely accused Arkadiusz Szczurek of participating in opposition protests for political purposes in exchange for payment, implying he was a hired protester.
On behalf of engr. Szczurek, our team led by attorney-at-law Michał Jakubowski, filed a private indictment, accusing Dorota Łosewicz of committing a criminal offence to the detriment of engr. Sczurek, under Art. 212 § 2 of the Criminal Code (defamation through mass media).
The legal battle lasted over four years. Initially, the case was dismissed (in a shocking decision by a district court judge Maciej Mitera), but following a complaint filed by our legal team, the dismissal was overturned and the case proceeded.
On the 29th of April 2024, the District Court for Warsaw Śródmieście found the journalist guilty of defamation. The court determined that Łosiewicz’s comments in TVP Info’s program “W tyle wizji,” had humiliated Arkadiusz Szczurek in the eyes of the public. According to the court, her statement was not made in a joking or satirical manner (which might have been protected under journalistic freedom of speech), but rather politically motivated, aimed at mocking the opposition and its supporters. The court stated that: (…) “there was no evidence to suggest that members of the Flying Opposition Brigade were paid for their actions”. Testimonies revealed that the group consists of activists protesting against undemocratic government actions, primarily through organising public demonstrations. Despite knowing the purpose of this social movement, Dorota Łosiewicz used the public platform to create a negative and false image of the oppositionist. The court concluded that in this case, the boundaries of free speech were crossed.
On the 4th of October 2024, the Warsaw Regional Court, acting as the appellate court, upheld the lower court’s decision in full. The judge emphasised that journalistic protection does not cover unverified information that puts the plaintiff in a negative light and further pointed out that the program “W tyle wizji” deliberately portrayed engr. Szczurek in a demeaning manner.
Dorota Łosiewicz was sentenced to a fine and ordered to make a donation to the Polish Red Cross. Furthermore, the conviction must be published on the District Court for Warsaw Śródmieście’s website in the Public Information Bulletin for one year.
We worked on this case pro bono.
The Warsaw Regional Court’s ruling is final.
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