Today, the Polish League Against Defamation, which acted on its own behalf and on behalf of Natalia Nitek, won an appeal case in the Regional Court in Gdansk. Hans G. is to apologise to Natalia Nitek – both by apologising to her by letter and by displaying the apology in the company’s premises.
Crucially, the Court of Appeal in Gdansk ordered Hans G. to pay the sum of PLN 50,000 to the Piaśnica Museum. Natalia Nitek – Płażyńska herself does not have to apologise to Hans G. for the recording of his hate speech that he made at his company headquarters, where he insulted Poles and called himself a Nazi.
The case, on behalf of the Polish League Against Defamation, was conducted by attorney Monika Brzozowska – Pasieka and attorney Jerzy Pasieka, who specialises in personal rights cases.
The court found that the claimant’s attitude deserved moral approval, the interference was permissible. The recording of the conversation was evidence of the defendant’s negative behaviour. The claimant should not face sanctions for disclosing the recording.
With regard to Hans G.’s statements, the Court found that this type of combination – racist content, anti-Polish statements and negative stereotypes – does not deserve any protection. In the Court’s view, this type of behaviour is a threat not only to interpersonal or labour relations, but also to international relations and is not protected either by the provisions of the Constitution (Article 54) or the European Convention on Human Rights (Article 10).
Pressure makes sense and you should fight to the end! We would like to remind you that in this case, the same Court of Appeal in March 2020 ordered N. Nitek to apologise to Hans G. for having recorded anti-Polish, insulting statements and ordered her to pay PLN 10,000 to the WOŚP, while Hans G. had his compensation reduced to PLN 10,000.
Polish League Against Defamation filed a cassation on behalf of itself and Natalia Nitek, which was upheld, while the Supreme Court admitted that the amount of PLN 10,000 was „symbolic”.
Today, the Court of Appeal confirmed and adopted as its own the reasoning of the Supreme Court in this case, emphasising that the amount should be PLN 50,000 and the Claimant had a moral right to record a man who insulted her and others with anti-Polish, racist texts.
