Noticias de los Socios

Kochański Zięba Rapala & Partners win another case in defense of journalists in the second instance

Kochański Zięba Rapala & Partners win another case in defense of journalists in the second instance

On September 4, 2012 the Regional Court in Warsaw, X Criminal Appeal Division repealed in its entirety the judgment of the District Court for Warsaw Mokotów convicting Grzegorz Jankowski, editor, for refusing to publish a correction to information contained in an article about Andrzej Grabowski in Fakt newspaper and acquitted the accused of all charges.

The case concerned the refusal to publish a correction demanded by Andrzej Grabowski to the articles published in 2008 in Fakt daily newspaper: ”Randka na odludziu. Kogo uwodzi Kiepski?”, “Andrzej Grabowski. Kogo podrywa Kiepski” “Co jada Kiepski?” The articles refer to Andrzej Grabowski, a well-known and respected Polish actor, according to whom the information contained in the articles was not true and misleading to the public. The court of first instance found that Grzegorz Jankowski, by failing to publish Andrzej Grabowski’s demanded correction had infringed Article 46 of the Press Law.

Rafał Zięba and Tobiasz Szychowski, advocates from Kochański Zięba Rapala & Partners, law firm, who defended Grzegorz Jankowskiin this case, filed appeals against the judgment of the District Court. On 14 June 2012 as a result of the judgment of the Constitutional Tribunal of the Republic of Poland of December 1, 2010 (file No. K 41/07), Article 46 of the Press Law lost its validity, and was removed from the provisions of law. On June 15, 2012, Grzegorz Jankowski’s attorneys, as a result of the Tribunal’s judgment , filed motions to repeal the judgment of the Court of first instance in its entirety, cancel the proceedings and acquit the accused, Grzegorz Jankowski, of all charges.

The Regional Court shared the arguments of the defense and upon the hearing of the appeal repealed the earlier judgment in its entirety and acquitted Grzegorz Jankowski of all charges. The judgment is final and binding.