How to Apologize for Hate and Hate Speech in the Light of Law and Civil Proceedings
Robert Słabuszewski · Studia Administracji i Bezpieczeństwa · 2024
The article addresses the issue of enforcing a court judgment that obligates the perpetrator of hate speech to apologize to the victim (make a statement of appropriate content and in the appropriate form in accordance with Article 24 1 of the Civil Code). The study considers the current legal status, determined primarily by amendments to Articles 1049 and 1050 of the Civil Procedure Code and Article 480 of the Civil Code. The author presents existing opinions on the execution of such judgments (always as a substitutable act, always as a non-substitutable act, sometimes as a substitutable act, sometimes as a non-substitutable act, or as a declaration of will) along with their critical analysis and the current legal status (including doubts related to the correct understanding of the applicable provisions) and points out the shortcomings of the amendments. The criticism mainly concerns the severity of the sanctions that realistically threaten a person violating someone's personal rights through hate speech and the place of compulsory publication of apologies (Court and Economic Monitor - MSiG).