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WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
a number of politicians. The journalists had alleged that the applicants, who
were lawyers, had made a fortune over the years by assisting in shady
business deals in which these politicians were involved. The journalists had
alleged that the applicants had taken advantage of their positions at the
expense of the public purse by obtaining unjustified benefits from the
manner in which they had carried out their professional roles as liquidators
of State-owned companies in bankruptcy.
7. The court observed that the journalists had failed to contact the
applicants and that their allegations were, to a large extent, based on gossip
and hearsay. It noted that journalists had a right and an obligation to inform
society about important issues and that they enjoyed freedom of expression,
guaranteed by the Constitution. However, the authors of the article had
failed to take the minimum steps necessary in order to verify the
information contained in the article by at least getting in touch with the
applicants and trying to obtain their comments. The allegations had not been
shown to have had a plausible factual basis. The journalists had smeared the
applicants’ good name and reputation. The court allowed the applicants’
claim in its entirety, by ordering the journalists and the editor-in-chief to
pay, jointly, PLN 30,000 to a charity and to publish an apology in the
newspaper.
8. The defendants appealed. On 24 April 2003 the Warsaw Court of
Appeal dismissed their appeal, endorsing the findings of fact and the
reasoning of the first-instance court. The obligations imposed by the courts
were subsequently complied with by the defendant newspaper.
9. On 7 July 2004 the applicants sued again the newspaper under the
same provisions of the Civil Code (see paragraph 6 above). They alleged
that they had recently found out that the article remained accessible on the
newspaper’s Internet website. They submitted that the article was positioned
prominently in the Google search engine and that anyone seeking
information about them had very easy access to it. The article’s availability
on the newspaper’s website, in defiance of the earlier judicial decisions,
created a continuing situation enabling a large number of people to read it.
The applicants’ rights were thereby breached in the same way as had
occurred through the publication of the original article. It rendered the
protection granted by the judgments in their favour ineffective and illusory.
The applicants sought an order requiring the defendants to take down the
article from the newspaper’s website and publish a written apology for their
rights having been breached by way of the article’s continued presence on
the Internet. They sought compensation in the amount of PLN 11,000 for
the non-pecuniary damage.
10. In their reply to the statement of claim, the defendants submitted that
the case was res judicata, The applicants had already obtained a judgment
in their favour. Moreover, the article had been placed in the archive of the
website. Readers would therefore be aware that the article had been
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