Home > 2.5 Election campaign > POLAND - Parliamentary Election Law
 
 
 
Download file    
 
 
Article 91
 
1. If posters, slogans leaflets, announcements or other forms of election propaganda and agitation shall contain false or inaccurate details and information, the candidate for a deputy to the Seym or candidate for a senator, or an agent of any concerned election committee shall have the right to petition the district court to issue a ruling for:
1) prohibition of publication of such details and information;
2) confiscation of such materials;
3) rectifying such information;
4) publication of a reply in the case of infringement of an individual’s rights,
5) apologising to the person libelled.
2. The district court, by a bench of one judge, shall examine a petition referred to in paragraph 1 within 24 hours in non-litigious proceedings. The court may examine the case in the reasonable absence of the petitioner or participant if they have been properly notified of the time of the proceedings. A ruling that terminates proceedings in a case shall be notified immediately by the court to the person concerned, referred to in paragraph 1, the appropriate constituency electoral commission, and any person duly obliged to observe the court’s ruling.
3. Within 24 hours any such ruling of a district court may be subject to appeal to the court of appeal, which shall be obliged to examine it within 24 hours following its proclamation. There shall be no legal recourse against the ruling of a court of appeal and it shall be subject to immediate execution.
4. False details and information related to elections and concerning election campaign, published in the press, shall be subject to rectification within 48 hours at the expense of the person so obliged. The court shall indicate the daily newspaper, within the meaning of the press Act, in which the rectification must be published, and the time limit for its publication.
5. In the event of refusal or failure to publish such rectification by a person so obliged by a court ruling, the court, on the motion of a person concerned, shall order publication of rectification by a writ of execution, at the expense of the person obliged so to do.