Abstract: | This paper aims to investigate the differences between the concepts
of libel and slander as understood by the Polish statutory and English common
law. As it turns out, the above terms are not only divergent with regard to
language (varying linguistic contexts) but also with regard to corresponding
acts in the real world.
Western cultures cherish such values as dignity, honour and self-fulfillment
as the underlying rights of a citizen in democratic countries. The above terms
are being constantly referred to in international treaties and conventions but
the question which should be asked is whether they receive due attention in
legal practice.
As regards interpretation, not only in theory (which is rather scarce, espe-
cially in common law), but also in practice (the court verdicts in cases dealing
with libel and slander) the important issue is not how the defamatory state-
ment makes the person referred to feel, but the impression it is likely to make
on those reading it (McBride, Bagshaw, 2008 in: Quinn, 2007:209).
The subsequent analysis of particular cases in the practical part supports
the above claim.
Although it is reiterated by the Polish legal academics that civil regulations
are not sufficient to guarantee legal protection of dignity, there is an equal or
even greater amount of supporters of the broadly conceived “freedom of speech”.
The discussion might be summarized as involving the proponents of liberal and
democratic policies on the one hand, and those who wish to avoid complete
decriminalization of libel and slander and deem them necessary components of
balance in a democratic state. |