The administration of the social network will not be able to block certain content or will be forced to block this information/opinion that will be incompatible with Polish law. Freedom of speech, which is understood as protecting human rights, gains a new dimension in Poland.
As the Ministry of Justice rightly points out in its communication, social media should be an area of freedom of speech. This freedom is understood as respect for human rights, without the so-called hate speech, which is not legally defined in Poland. Instead of legally developing this concept and instead of leaning over the legal scope of human rights protection in our country, Zbigniew Ziobro proposes a solution that cuts off Hydra's head.
Law laid down by the Polish Government in a “guard” of freedom of speech
According to the proposal, social networks will not be able to delete entries or block user accounts if the content on them does not violate Polish law. If you delete the content or block your account, your user will have the right to complain to the website.
The project also provides for the submission of a complaint to the social network about publications containing content incompatible with Polish law – with a request to block them.
In both cases service over 48 hours He'll have to investigate the complaint. If he issues a negative decision, it will be possible to appeal to the court and he will find such a complaint within seven days. The procedure will be completely electronic and will be conducted by a specialised court for the protection of the freedoms of the Word, established in one of the county courts.
The devil's candle and your god's eye
The project also introduces a much needed instrument of the so-called blind lawsuit, as advocated by the Ombudsman. Someone whose personal goods will be compromised online by an unknown person will be able to file a lawsuit for the protection of these goods without indicating the defendant's name. It is sufficient to indicate the URL at which offensive content, date and time of publication, and the user profile or login name are published to the court.