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Electoral Disinformation and Summary Judicial Proceedings: Is the Polish Experience Relevant?

  • In Poland special summary (24-hour) judicial proceedings against electoral disinformation were introduced in 1998. Although it has been successfully used to declare that information disseminated during an electoral campaign is false, it has not attracted much attention and is generally absent from the current legal scholarship and international reports on electoral disinformation. Against this backdrop, the post aims to critically analyze the Polish regulatory model con-cerning summary judicial proceedings. The implications of these mechanisms become even more complex when we consider that in mid-2019 the European Court of Human Rights found Poland for the third time in breach of the right to freedom of expression (Article 10 of the European Convention on Human Rights) for having convicted the applicant in these extraordinary 24 -hour judicial proceedings.

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Author:Adam Krzywon
Parent Title (English):British Association of Comparative Law Blog
Document Type:Contribution to online periodical
Year of Completion:2021
Date of first Publication:2021/03/12
Publishing Institution:Deutsches Forschungsinstitut für öffentliche Verwaltung
Contributing Corporation:British Association of Comparative Law
Release Date:2021/03/22
Licence (German):License LogoUrhG – es gilt deutsches Urheberrecht