Damage to reputation vs. freedom of opinion - What can be done against bad reviews on the Internet under Polish law?

When is a negative company review in Poland classified as unlawful?

It is difficult to draw a clear boundary between a review that represents permissible criticism and an unlawful review. Each case must therefore be assessed individually. According to Polish law, the illegality of a review in the light of the StGB (Strafgesetzbuch [Criminal Code]) (criminal offence of the slander), the ZGB (Zivilgesetzbuch [Civil Code]) (violation of personality rights) and often the provisions of the law on combating unfair competition must be assessed. For example, the offence of defamation is defined as conduct that consists of giving another person (including a legal person) a bad reputation based on their conduct or their characteristics in such a way that they are degraded in public opinion or, for example, are exposed to a loss of trust required for a certain type of activity. An unlawful review is an untrue or insulting review.

What measures can be taken against unlawful reviews?

A company that is affected by illegal reviews can assert civil law claims but can also take criminal action. The criminal offence of defamation is punished with a fine or imprisonment, e.g. if the perpetrator uses mass media (e.g. posting reviews on Internet forums or social media), the scale of punishments provides for a prison sentence of up to one year. In criminal proceedings, the court may also order the payment of a fine to the injured party or to a social purpose determined by the injured party. In civil proceedings, the company may demand the cease and desist of the action, the elimination of its effects and, in the event of material damage, the payment of compensation for damages in connection with the violation of personal rights (of reputation) by publishing an unlawful review. The dissemination of false or misleading information about another company also constitutes an act of unfair competition that leads to liability under civil and criminal law.

Can you buy positive fake reviews as a company?

The purchase of positive fake reviews by an entrepreneur represents an act of unfair competition. The publication of positive fake reviews leads to a potential customer being given the misleading impression that the quality of the services or goods offered by a company is highly rated. As a consequence of such actions, the President of the Office for Competition and Consumer Protection (Polish abbreviation UOKiK) can impose a fine of up to 10% of the turnover against the company, which was achieved in the financial year before the year in which the penalty was imposed. The entrepreneur can also be held liable under criminal law.