Staniszewski v. Polond, N. 20422/15, ECtHR (First Section), 14 October 2021

Sanction of a journalist in summary proceedings under the electoral code for publishing untrue statements about a candidate in local government elections.

Art. 10 ECHR
Art. 3, Prot. 1 ECHR

1. Free elections and freedom of expression are the foundation of any democratic society. The two rights are interlinked and mutually supportive. For this reason, it is particularly important that in the run-up to an election, opinions and information of all kinds can circulate freely. This principle applies equally to national and local elections. At the same time, the Court recognised the importance of protecting the integrity of the electoral process from false information influencing the results of the vote, and the need to put in place procedures to effectively protect the reputation of candidates.

2. Article 10 ECHR does not guarantee unlimited freedom of expression, including the use of the press.
(The applicant is a local journalist and editor of a free monthly newsletter in the village of Bulkowo. He was found liable for defamation in summary proceedings brought under Article 111 of the Electoral Code, against a politician running for mayor of the municipality of Bulkowo, for statements made in two editions of the newsletter published during the local election campaign in 2014).