Unconstitutional penalty for a lack of correction


With a judgment of November 25, 2010 the Constitutional Tribunal decided that the provisions of art. 46 item 1 and art. 31 and art. 33 item 1 of the act: “Press law” are inconsistent with the constitution.
These provisions among others burden editors-in-chief of journals and magazines with the obligation to print free of charge any corrections to press releases including untrue or inaccurate information upon a motion of the interested person.
The Constitutional Tribunal questioned the preciseness of the above provisions which, if not met, could threat the perpetrator with a penalty of restriction of liberty. In the Tribunal’s opinion the questioned provisions resulted in a state of uncertainty for the persons threatened with this penalty which is inadmissible in a democratic state of law.
The above provisions will cease to be binding within 18 months from date of publishing of the judgment in the Journal of Laws.

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