Is it possible to violate personal rights without mentioning anyone's name?

In the wake of the case concerning the behavior of YouTubers and accusations against them about their relationships with minors, a flood of accusations and suggestions about specific people and their inappropriate behaviors appeared online. Some of the accusations did not specifically indicate the name and surname of a given person, but only (or as much as) such information that could clearly identify a given person (for example, Michał X., whose channel begins with A, or Anastazja Z.'s ex-boyfriend, although Anastazja had only one partner).

In such a situation, can a person providing false information be held liable for violating personal rights, even if they did not provide their name and surname?

The answer is YES, if the information provided allowed the identification of the person in his environment. In such a case, it is sufficient that, judging the case reasonably, it was possible to link the defamatory allegations to a specific person. All because in the case of a violation of personal rights consisting in insulting the dignity, not only the meaning of the words should be taken into account, but also the situational context in which they were used - as clearly indicated, among others, by the Supreme Court in its judgment of 23 May 2002, file reference IV CKN 1076/00, or the District Court in Płock in its judgment of 17 January 2014, file reference IC 977/13.

Such cases are not at all rare, one can cite here the case in which Omenaa Mensah sued the author of the book "Girls from Dubai 2" for violating her personal rights. As the Court adjudicating the case found, although her name and surname are not mentioned in the aforementioned book (the book's heroine has the pseudonym Gwiazda), the elements of her biography cited in the book, in combination with the biography, public statements to promote the book and press articles containing the presenter's statements, allow for identification by an average reader interested in public life.

What rights do we have when someone violates our personal rights, e.g. good name or honor?

In accordance with Article 24 of the Civil Code, we may request in civil proceedings:

  1. omissions violation,
  2. completing the actions necessary to remove its effects, in particular submitting a declaration of appropriate content and form.
  3. monetary compensation or payment of an appropriate sum of money for a specified social purpose, and
  4. If as a result of the infringement of personal rights, material damage has been caused, we may demand redress.

Additionally, the slanderer may face criminal consequences. According to Article 212, paragraph 1 of the Penal Code, for slander that may humiliate a given person in public opinion or expose them to the loss of trust necessary for a given position, profession or type of activity, a fine or a penalty of restriction of liberty may be imposed. In the case when the slander is committed using mass media, the penalty may be more severe and will be a fine, a penalty of restriction of liberty or imprisonment for up to one year. The prosecution of the crime takes place at the private accusation, and the court may also order a compensation for the injured party, the Polish Red Cross or for another social purpose indicated by the injured party.

en_GBEnglish
Scroll to Top