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WĘGRZYNOWSKI AND SMOLCZEWSKI v. POLAND JUDGMENT
23. Section 31 of the 1984 Press Act provides, in so far as relevant, as
follows:
“At the request of a natural or legal person or other organisational entity, the
editor-in-chief of the relevant daily newspaper or magazine is under an obligation to
publish, free of charge:
1. a factually based (rzeczowe i odnoszące się do faktów) rectification of untrue or
inaccurate statements,
2. a factually based (rzeczową) reply to any statement which might infringe
someone’s personal rights.”
THE LAW
ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
24. The applicants complained that their rights to respect for their
private life and reputation had been breached. They referred to Article 8 of
the Convention, which in so far as relevant provides as follows:
“1. Everyone has the right to respect for his private ... life ...
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety or the economic well-being of the
country, for the prevention of disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.”
A. Admissibility
1. Alleged abuse of the right to individual petition
25. The Government were of the view that the application should be
declared inadmissible because it had amounted to an abuse of the right
of individual application within the meaning of Article 35 § 3 of the
Convention. The applicants should have raised the issue of the Internet
publication of the defamatory article in the first set of civil proceedings in
order to obtain appropriate redress. They should have sought an order that
the article – which had already been published on the newspaper’s website
at that time – be removed from it. However, they had failed to do so.
26. The Government concluded that the applicants had brought the
present case before the Court with the aim of using the protection system set
up by the Convention to redress their own negligence in vindicating their
personal rights. As they were both lawyers, their failure to act in an
appropriate manner lacked justification.
27. The applicants did not specifically address this aspect of the case.
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