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Article 111
 

§ 1 Election material disseminated in the press within the meaning of the Act of 26 January 1984 Media Law (Journal of Laws No. 5, item. 24, as amended. D..) including, in particular, posters, leaflets and slogans, as well as speech or other forms of election propaganda, which contain information that is untrue, may be subject to a complaint filed by the legal representative or his or her authorized representative, to the district court for a preliminary ruling:


1) prohibiting the dissemination of such information;


2) confiscating the election material containing such information;


3) ordering the rectification of such information;


4) ordering the publication of answers to statements which violate personal rights;


5) ordering an apology to the person whose personal rights have been violated;


6) requiring the participant to the proceedings to pay the amount to 100,000 zlotys to an organization of public benefit.


§ 2 The District Court recognizes the request referred to in § 1, within 24 hours in non-litigious proceedings. The court may hear the complaint in the case of an excused absence of the applicant or participant in the proceedings, if the hearing has been legally notified. The final order of the court in the proceedings, together with a substantiation, shall be served immediately on the person concerned, as referred to in § 1, with an order to execute the court decision.


§ 3 The decision of the district court may be appealed to the appeals court within 24 hours, which appeals court shall review within 24 hours. The order of the Court of Appeal is not entitled to further appeal and is subject to immediate execution.


§ 4 Publication of the correction, reply or an apology must take place at the latest within 48 hours, at the expense of person ordered to do so. The court ruling shall indicate the media within the meaning of the Act of 26 January 1984 – on Media Law, where such correction reply or apology is to be published, and the required date of such publication.


§ 5 In case of a refusal to publish a correction, reply or apology by the person ordered to do so, in the manner specified in the order for the court, the court shall execute the publication of the correction, reply or apology, ex officio at the expense of the person ordered to do so.


§ 5a. The provisions of the Act of 29 December 1992 on Radio and Television concerning advertising activities in television and radio shall be applicable to the corrections, responses or apologies published through radio broadcasters or television, except that the time for their publication does not included advertising time, as defined in Article. 16 of that Act.


§ 6 In matters referred to in § 1, 4 and 5, the provision of art. 104 shall not apply.