In a high-profile case that drew attention across Poland, a civil action brought by a party leader of the ruling party resulted in a judgment that demands a public apology. The defense and legal team for Jarosław Kaczyński, the president of the Law and Justice party, argued that a public statement by Radosław Sikorski, a prominent member of the Civic Platform, targeted the memory of the deceased and violated personal rights. The dispute centers on a January 14, 2021 tweet that linked President Lech Kaczyński to the Smolensk catastrophe and claimed a cult of remembrance had grown around him without foundation.
The court, seated in Warsaw, delivered its verdict on March 17 and ruled that Sikorski must issue a formal apology on his Twitter account. The apology should convey that Sikorski regrets violating the personal rights of Jarosław Kaczyński and acknowledges the harm caused by his comment about Lech Kaczyński and the Smolensk event. The language required by the ruling specifies that the author retracts the assertion that Lech Kaczyński’s role in the Smolensk disaster was significant and that he disavows any cultivation of a memorial narrative lacking substantiation.
The targeted post by Sikorski referred to Lech Kaczyński as a figure who was instrumental in the Smolensk disaster. The author also criticized the presence of a commemorative landscape surrounding the former president, including prominent sites such as Wawel Castle and a recent construction project near Piłsudski Square. The remarks were framed as a critique of efforts to maintain what the author described as an unfounded cult of memory.
The ruling underscores the court’s stance on the protection of memory and personal rights within the realm of political discourse. It establishes a precedent about the boundaries of public commentary when it comes to deceased public figures and the reputational impact of online statements in Poland.
The case highlighted the tension between political expression and the protection of individual and collective memory. The court’s decision required Sikorski to publish a formal apology, reflecting the judiciary’s role in mediating the reputational consequences of social media posts by public figures. The outcome was reported by multiple outlets and echoed in discussions about the responsibilities of politicians when engaging in online dialogue about sensitive historical events.