Journalist vs CAB
The LSW team handled a high profile case of a journalist regarding the protection of personality rights. The trial concerned the CAB’s acquisition of the journalist’s telecommunications data during a 6 month period. The court found that obtaining the plaintiff’s billings and other telecommunications data constituted an unlawful interference with the plaintiff’s personality rights. In particular, this applies to the right to privacy and to the communications confidentiality that is embraced by the right to privacy. It was a landmark ruling – for the first time, the court determined restrictive limits on the use of billings by special services, which have the widest access to them. The case of the journalist illustrates a greater problem of surveillance of media representatives, hence this ruling is of great importance for the further development of the use of this instrument, and has made authorised entities not use it as freely as they have before. The CAB apologised to the journalist in the press and destroyed the unlawful telecommunications data that concerned him.
Defence of the right to privacy
The LSW team handled a case of one of the best Polish vocalists against a tabloid regarding a publication describing sensitive aspects of her private life. The Warsaw Court of Appeal upheld our client’s request and forbade journalists to follow the star. The case was widely commented in the media, and the verdict significantly affected the activity of the paparazzi in our country.
Reputation protection of a leading energy company
In this intricate case concerning the limits of journalistic criticism and the freedom of speech, the Court of Appeals shared the stance in the appeal filed by LSW stating that unreliable actions of journalists – biased and unproven information – cannot be considered within the limits of permitted criticism, if their content violates the personality rights of others and, in particular, their reputation.
Personality rights of journalists
The LSW lawyers represented a couple of prominent journalists in their dispute with one of the tabloids. The Court of First Instance found that the series of publications constituted a violation of their personality rights, including the right to privacy. The judgement imposed on the defendant the necessity to publish an apology, a ban on further violations of privacy, peace, and sense of security, and ordered a high amount of redress.
Personality rights vs internal Internet forum
LSW handled probably the first case in Poland where the court had to decide on the violation of personality rights by the statements of Internet users within an internal online discussion forum, or lack thereof. As a result of LSW’s actions, the defendant was ordered by the court to send emails to all forum members with apologies to the plaintiff for publishing harmful content.
