Online Defamation and Cyberbullying: Criminal Law

Online defamation and cyberbullying are forms of unlawful conduct carried out through digital channels, including social media, messaging applications, discussion forums, e-mail, review platforms and websites. Depending on the content, scale and purpose of the conduct, Polish law may treat it as criminal defamation, insult, unlawful threat, persistent harassment, impersonation or an infringement of personal rights.

For businesses, managers and private individuals, internet harassment can quickly become a legal, reputational and operational problem. A single post may be copied, indexed by search engines and distributed beyond the original platform. Prompt evidence preservation and an accurate legal assessment are therefore often more important than an immediate public response.

Cyberbullying law Poland: which criminal provisions may apply?

Polish law does not contain one separate offence called “cyberbullying”. The legal assessment depends on what was published, sent or done online. The same online campaign may meet the elements of several offences under the Polish Criminal Code.

Online defamation under Article 212 of the Criminal Code

Under Article 212 §1 of the Criminal Code, a person may be liable for defamation if they accuse another person, group of persons, institution, legal person or organisational unit of conduct or characteristics that may lower them in public opinion or expose them to the loss of trust necessary for a given position, profession or type of activity.[1]

Online defamation may include false allegations that a company commits fraud, a manager steals from employees, a doctor acts negligently, or a business uses illegal practices. The allegation does not need to be addressed to a large audience. It is sufficient that it reaches at least one third party and is capable of damaging reputation or trust.

Article 212 §2 applies where defamation is committed through the mass media. Depending on the circumstances, a public post, website, online article or widely accessible social media account may qualify as a means of mass communication. The potential penalties include a fine, restriction of liberty or imprisonment of up to one year.

Insult and abusive online content

Article 216 of the Criminal Code concerns insult. Unlike defamation, insult does not require an allegation capable of reducing public trust. It covers conduct that violates another person’s dignity, including offensive, vulgar or degrading language used in comments, private messages, videos or memes.[1]

Social media abuse often combines both offences. A post stating that a named entrepreneur is “a thief” may constitute defamation if it suggests criminal conduct. A message containing only vulgar abuse may instead be assessed as an insult. The precise wording, context, audience and intent are relevant.

Internet harassment, threats and persistent contact

Internet harassment may go beyond offensive communication. Article 190 §1 of the Criminal Code penalises making an unlawful threat where the threat gives rise to a justified fear that it will be carried out. Threats sent through e-mail, direct messages, comments or encrypted applications may fall within this provision.[1]

Persistent unwanted contact, monitoring social media activity, publishing personal information, creating repeated accounts or targeting a victim’s family may amount to stalking under Article 190a §1. The offence requires persistent harassment that causes a justified sense of threat, humiliation, torment or a significant invasion of privacy.

Article 190a §2 also covers impersonation, including using another person’s image or personal data to cause them damage to property or personal interests. Fake social media profiles, fraudulent business accounts and accounts used to publish harmful content may therefore have criminal consequences.

Three statutory exceptions in criminal defamation cases

Truth alone does not automatically exclude liability for public online defamation. Article 213 of the Criminal Code provides specific statutory rules that must be assessed carefully against the facts.[1]

1. A non-public allegation is not an offence if it is true. This applies, for example, to a true statement made within a limited internal business setting, provided that it is not publicly disseminated.
2. A publicly made allegation is not an offence if it is true and serves the defence of a socially justified interest. Both elements are required. A true statement published online may still create legal risk if there is no socially justified interest in making it public.
3. Proof of truth may be carried out when a public allegation concerns conduct of a person holding public office or serves the defence of a public interest. This rule is particularly relevant in matters involving public authorities, public funds, safety or other matters affecting the wider community.

These rules do not authorise uncontrolled publication of personal data, insults or private correspondence. They also do not remove potential civil liability for infringement of personal rights. The assessment of a socially justified interest depends on the purpose, wording, evidence available at publication and the proportionality of the disclosure.

Evidence in online defamation and cyberbullying matters

Digital evidence can disappear quickly. Posts may be edited, accounts deleted or content moved to private groups. Screenshots are useful, but they should show the full content, account name, URL, date, time and surrounding context where possible.

In more serious cases, the evidence package should include:

• screenshots and screen recordings of posts, comments and messages;
• direct links, account identifiers and publication dates;
• copies of correspondence with platform operators;
• witness details and information about the reach of the publication;
• documents showing reputational, financial or operational consequences;
• technical evidence where available, including metadata and server logs.

A forensic review may be appropriate where harassment is coordinated, anonymous or connected with employee misconduct, fraud, unauthorised access to systems or disclosure of confidential information. KKZ lawyers may combine criminal-law analysis with evidence protection, internal investigations and crisis-management measures.

Criminal proceedings and other legal options

Defamation under Article 212 and insult under Article 216 are generally prosecuted by private indictment. This means that the injured party usually files a private indictment with the court or makes an oral complaint at a police station. The case may be taken over by a public prosecutor if the public interest requires it, but this is exceptional.

Threats under Article 190 and stalking under Article 190a are prosecuted upon the victim’s request. The victim should clearly state that prosecution is requested. Where there is an immediate risk to life, health or safety, contact with the police or emergency services should not be delayed.

Criminal proceedings may be accompanied by civil measures. Articles 23 and 24 of the Civil Code protect personal rights, including reputation, dignity, name, image and privacy.[2] Possible claims may include removal of unlawful content, publication of an apology, cessation of infringement and damages or monetary compensation, depending on the circumstances.

This is informational material, not legal advice. The available route depends on the wording of the publication, evidence, identity of the author, platform rules and the resulting harm.

If online harassment includes sexual content, threats, non-consensual images or sexual exploitation, the matter should be assessed without delay. A criminal lawyer can help discuss the possible steps, secure evidence and assess the appropriate notification or procedural route.

FAQ – Online Defamation and Cyberbullying

Is cyberbullying a criminal offence in Poland?

Cyberbullying is not one separate offence under Polish law. Depending on the conduct, it may constitute defamation, insult, unlawful threat, stalking, impersonation or another offence under the Criminal Code.

Can a negative online review be criminal defamation?

It may be, if it contains allegations capable of damaging trust in a business or professional and the statutory requirements are met. A genuine, evidence-based consumer opinion is assessed differently from false accusations presented as facts.

Is posting a false accusation on Facebook covered by Article 212?

It can be. A Facebook post may constitute defamation where it accuses a person or company of conduct that may lower public opinion or expose them to loss of trust. Public reach may also affect the assessment under Article 212 §2.

Can anonymous internet harassment be investigated?

Yes. Identifying an anonymous author may require action by law enforcement authorities, the court or platform operators. The available evidence, platform jurisdiction and nature of the alleged offence are important.

What should be preserved before reporting online harassment?

Preserve screenshots, URLs, account names, dates, messages, witness information and any proof of harm. Do not alter the original content or engage in retaliatory publication.

Can an employer respond to cyberbullying targeting a company or employee?

Yes. The response may involve internal procedures, employee protection measures, platform reporting, civil claims, criminal proceedings or a forensic review. The appropriate steps depend on whether the conduct is external, employee-related or connected with confidential business information.

Bibliography

• [1] Act of 6 June 1997 – Criminal Code, consolidated text: Journal of Laws of 2024, item 17, Articles 190, 190a, 212, 213 and 216.
• [2] Act of 23 April 1964 – Civil Code, consolidated text: Journal of Laws of 2024, item 1061, Articles 23 and 24.
• [3] European Commission, Digital Services Act: Questions and Answers, available at: https://digital-strategy.ec.europa.eu/