Interventions

Civil Society Calls for Stronger Anti-SLAPP Protections in Poland 

The deadline for transposing Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings expires on 7 May 2026. Poland has still not adopted provisions ensuring effective protection for individuals and organisations participating in public debate against SLAPPs, while the government’s draft contains significant limitations that weaken its practical usefulness. That is why, together with other organisations, at the beginning of May we appealed for the bill to be processed efficiently in the Sejm, while using the parliamentary stage to introduce amendments that would strengthen the effectiveness of the proposed solutions.

In our appeal, we point out that the delay in implementation means that journalists, activists, civil society organisations, local civic movements, whistleblowers, academics, trade unionists and others who speak out on public matters remain without adequate safeguards against proceedings brought to intimidate them, burden them financially or silence them.

We appreciate that the government’s draft provides for solutions that go beyond the minimum required by the EU directive, in particular by covering domestic proceedings as well, not only cross-border cases. At the same time, we are concerned that if the provisions are adopted in their current form, their practical effectiveness will be severely limited.

The main problem is that the mechanism for the early dismissal of claims is based on the concept of a “manifestly unfounded claim”, which in practice is applied very narrowly. Meanwhile, SLAPPs are often prepared professionally and only appear to be well-founded, which makes it difficult to bring them to a swift end.

We also point out that the draft does not provide for a reversal of the burden of proof, even though this is required by the directive. As a result, it is the defendants — often already burdened by costs and stress — who must prove that their actions were lawful. The draft also lacks effective compensation mechanisms that would allow victims of SLAPPs to obtain damages without having to initiate further proceedings.

We are also concerned about the lack of solutions addressing situations in which state or local government authorities sue citizens. In such cases, financial sanctions do not have a deterrent effect, because ultimately they are borne by taxpayers. We also stress that protection against SLAPPs cannot be limited solely to civil cases — in Poland, criminal proceedings, especially defamation cases, are also an important tool of pressure.

Senate committees supported amendments to the anti-SLAPP law

On 21 May, the Senate adopted a resolution on the Act on Special Measures for the Protection in Civil Proceedings of Persons Participating in Public Debate. Earlier, Senate committees considered the motions submitted during the debate on the Act and recommended that the Senate adopt four amendments. The amendments clarify, among other things, the procedure for examining whether a claim is manifestly unfounded — an amendment submitted by Senator Adam Bodnar, former Minister of Justice — the claimant’s obligations after the defendant files a motion to dismiss such a claim, as well as the rules for applying the new provisions to proceedings already pending.

According to the Senate’s resolution, the Act was adopted with amendments. This means that it will now return to the Sejm, which will decide whether to accept the Senate’s amendments.

Choosing Poland’s Next Commissioner for Human Rights Must Be Transparent 

Together with other organisations working to protect human rights, we have appealed to Parliament to conduct the procedure for selecting the Commissioner for Human Rights in a transparent manner that is accessible to citizens.

The term of office of the current Commissioner for Human Rights expires on 23 July 2026. Nominations for the office of the Commissioner for Human Rights for the ninth term may be submitted until 23 June. This is a moment to ensure not only that the best person is chosen, but also that the procedure itself meets the appropriate standards.

The Commissioner for Human Rights is one of the most important institutions safeguarding human rights and freedoms. For many people facing helplessness in their dealings with state institutions, the Commissioner’s Office may be the last resort. That is why the choice of the Commissioner must not be reduced to a political nomination or behind-the-scenes arrangements.

In our appeal, we emphasise that a candidate for the office of Commissioner should stand out for their legal knowledge, professional experience, high moral authority and social sensitivity. Their previous involvement in the protection of human rights, equal treatment, support for groups at risk of exclusion and efforts to counter discrimination is also important.

We also call for public hearings of candidates for the office of Commissioner to be organised in the Sejm and broadcast. Such hearings should make it possible to ask candidates questions and learn about their vision for the office. This is important both for citizens and for the members of Parliament who will decide on the appointment.

At the local level

Our organisation supports local activists on a daily basis, and we try to prepare as many educational materials for them as possible. In May, we published an article explaining what municipal waste management policy looks like: how it should be financed and what problems municipalities most often face. We also advise how to check whether the waste management system in a municipality is working properly.

We also organised a webinar during which the president of our association talked about reports on the state of the municipality. Since 2018, the Polish Act on Municipal Self-Government has required mayors and heads of municipalities to present councillors and residents with an annual report on their activities. During such a presentation, residents can ask questions and respond to the information presented. Still, few people use this form of holding local authorities accountable, which is why we are working to promote this tool among residents.

In addition to educational activities, we also try to provide legal support to local activists. In May, we supported an activist who, as part of her work in a non-governmental organisation, wanted to check how a publicly funded municipal animal shelter was caring for animals. Polish courts, however, ruled that data from treatment records are covered by veterinary confidentiality. With our support, the case has been brought before the European Court of Human Rights — because without access to information, there can be no real public oversight of shelters.

Daily life at Watchdog Poland

May was a very busy month for us! Starting from the end: on the last weekend of May, we met for the General Meeting of the Association’s members. It was great to finally see each other in person.

We also visited two regions — Mazovia and Podkarpackie — as part of our tour around Poland under the “Transparency on the Road” programme. But we cannot reach every place in person, so we decided to launch a series of weekly live streams to respond to local activists’ need for more frequent conversations about local issues.

We will be live every Thursday at 8 p.m. on our YouTube channel.