Violation of personal rights in Poland – when can you seek compensation and an apology?

What are personal rights in Polish law?

Personal rights are closely tied to a person, their individuality, and their distinctiveness. The Polish Civil Code does not contain a definition of personal rights, but merely states in Article 23 that a person’s personal rights include, in particular: health, freedom, honor, freedom of conscience, name or pseudonym, privacy of correspondence, inviolability of the home, and scientific, artistic, inventive, and rationalizing creativity.

In legal doctrine, personal rights are defined as “non-pecuniary values widely recognized in society that are closely linked to the human person and constitute manifestations of human dignity, encompassing above all a person’s physical and mental integrity and individuality” (E. Gniewek, P. Machnikowski (eds.), Polish Civil Code. Commentary, 12th ed., 2025).

The provision uses the phrase “in particular,” so the list of personal rights is open-ended, and personal rights other than those explicitly indicated in the provision may also be distinguished. It is generally accepted that personal rights may also include, for example: life, health (including mental health), physical integrity, sexual integrity, freedom, freedom of conscience and religion, honor, name and pseudonym, image, marital status, gender identity, privacy, freedom of communication and confidentiality of correspondence, inviolability of the home, creative work, the veneration of the memory of a deceased loved one, and many others.

The catalog of personal rights is therefore certainly broad, and with the development of technology, culture, and social progress in the broadest sense, it can be said that this set is evolving and new, previously unknown personal rights are emerging.

A practical example from Polish case law:

“(…) as social and economic relations evolve, certain personal rights may emerge as new ones, while others may be eliminated” (Polish Supreme Court ruling of September 15, 2020, case no. V CSK 71/20).

Violation of personal rights – practical examples from Polish case law

Given that, as mentioned above, there are a number of personal rights to which a person is entitled (and the list is not exhaustive), it is impossible to list all the circumstances in which a violation may potentially occur. However, the extensive case law of civil courts points to many examples of, so to speak, “standard” or “typical” infringements of personal rights in Poland, such as:

• infringement of reputation, dignity, and honor, for example, by questioning the plaintiff’s possession of academic titles and accusing them of unlawfully using the titles of “Doctor” and “Habilitated Doctor,” as well as referring to the plaintiff as a “boor” (judgment of the Polish Court of Appeal in Kraków, 1st Civil Division, dated June 3, 2020, case no. I ACa 1315/19),

• violation of dignity, good reputation, and the right to respect for private data constituting the plaintiff’s personal data by disclosing outdated debt information to BIK (Credit Information Bureau) (judgment of the Polish Court of Appeal in Warsaw dated March 29, 2018, 1st Civil Division, case no. I ACa 2267/15),

• violation of the right to privacy and intimate life, confidentiality of correspondence, dignity, and reputation through publications on the Internet (judgment of the Polish Court of Appeal in Warsaw, dated June 3, 2020, 1st Civil Division, case no. I ACa 26/20),

• violation of reputation on the Internet, dignity, and the right to privacy through the publication of defamatory and humiliating content online, containing terms that disparage one’s social image, including phrases such as “currently trying to shine in high society,” “actively promoting (…),” “A woman known in the circles of (…)”, as well as evaluative statements referring to the alleged “shame before the nation” and “the sort of woman she is” (judgment of the Polish Regional Court in Warsaw, dated January 10, 2025, 1st Civil Division, case no. I C 729/20),

• defamation in an article published in a newspaper, which contained baseless and untrue claims regarding a businessperson (judgment of the Polish Regional Court in Piotrków Trybunalski, 1st Civil Division, dated July 29, 2020, case no. I C 1408/18).

Violation of personal rights on the Internet

In today’s social and technological reality, violations of personal rights are increasingly occurring on the Internet, which facilitates the rapid dissemination of information and where there is a mistaken belief in the widespread anonymity (and thus impunity) of the author of a statement.

The most common examples include offensive, vulgar, or humiliating comments posted on social media, discussion forums, or directly in email correspondence. Recently, photo manipulation and the use of deepfake technology have become equally significant problems, aimed at ridiculing, disparaging, or compromising a person. Such actions may, in particular, infringe upon a person’s reputation, dignity, image, and privacy, and thus their personal rights.

In practice, the infringement of personal rights on the Internet can take various forms, including in particular:

• comments on Facebook, including replies to posts,
• posts on online forums and discussion forums,
• reviews published on Google, which are often untrue or emotionally charged,
• posts and comments on LinkedIn, which, due to the “professional” nature of the platform, may affect professional reputation,
• publication of altered photos or videos without consent.

Violation of personal rights – the prerequisite for the unlawfulness of the violation

Article 24 of the Polish Civil Code stipulates that a violation of a personal right must be “unlawful.” Protection of personal rights is therefore available only in the event of an unlawful threat to or infringement of personal rights. In practice, it is therefore significant that in a lawsuit for the protection of personal rights, given the wording of the provision, the plaintiff bears only the burden of proving the fact of the infringement of their personal rights.

The burden of proof, however, rests with the defendant to demonstrate that the infringement was not unlawful. Therefore, unless the defendant proves that they acted in accordance with the applicable legal order, the infringement will be deemed unlawful. Unlawful conduct is conduct that violates legal provisions or the principles of social coexistence.

The assessment of whether an unlawful infringement of personal rights has occurred is made according to an objective criterion. The court’s determination of whether any circumstances excluding unlawfulness existed (e.g., acting in defense of a legitimate interest) should be made by taking into account all the factual circumstances of the case.

The court therefore determines, among other things, what the general standard of the statement in question was, based on how the statement would be assessed by an “average and reasonable recipient” or an “average citizen.”

It is worth noting, however, that when information is disseminated online (e.g., on social media), it seems that a person who disseminates information through this channel should exercise a higher standard of care and maintain particular integrity:

• they should not, therefore, act based on a “preconceived notion,”
• but be accountable for their words,
• not distort the facts,
• apply critical thinking to the materials presented,
• not rely on a source whose objectivity or credibility is questionable,
• allow the person concerned to respond to the information obtained and present their position.

If these standards are not met, it may be difficult to demonstrate that the action was not unlawful and, consequently, to avoid liability for the infringement of personal rights.

What remedies are available for the infringement of personal rights?

Article 24 § 1 of the Polish Civil Code provides for two claims available to a person in a situation where their personal rights are at risk of infringement or have been infringed.

Pursuant to this provision, the person may demand:

• to cease such conduct,
• and, in the event of a violation, that the person who committed the violation take the necessary steps to remedy its effects, in particular by issuing a statement of appropriate content and form, as well as
• monetary compensation or payment of an appropriate sum of money for a specified charitable purpose.

Violation of personal rights – demand to cease the action

When filing a claim for the protection of personal rights, it is also possible to impose strictly defined restrictions (prohibitions) of a preventive nature. This form of defense against infringements therefore does not concern acts already committed, but rather a demand to take specific actions or refrain from certain acts in the future. Of course, for a court to issue such a ruling, it is necessary to demonstrate that there is a real fear of future infringements of a specific personal right. Therefore, if this fear is not real, a demand to cease actions infringing on personal rights may not be justified.

A practical example from Polish case law:

The court not only ordered the removal of the camera recording the plaintiffs on the grounds of a violation of their right to privacy, protection of their image, and sense of security, but also prohibited the defendants from installing or mounting any devices capable of recording video or audio, or objects imitating such devices (dummies) that would be directed at the plaintiffs’ property. The court noted that “The possibility of installing a genuine monitoring and recording device at any time, in turn, poses a future threat of infringement of the plaintiffs’ personal rights” (judgment of the Polish Regional Court in Siedlce, 1st Civil Division, dated March 22, 2021, case no. I C 406/20).

Protection of personal rights – demand for removal of the effects of the infringement

However, if an infringement of personal rights has already occurred, the injured party may demand the removal of the effects of the infringement. Removal may, for example, consist of the person who committed the infringement of personal rights making an appropriate statement. Depending on the nature of the case, the statement may be made orally, in writing, in the press, or even on television, for example:

“I apologize to Mr. Jan Kowalski for stating at the XYZ Association’s press conference on September 1, 2025, that Mr. Jan Kowalski has ties to individuals in the criminal underworld. I hereby declare that the allegations and insinuations I made were false and baseless. I regret that, as a result of my unlawful actions, I have unjustifiably damaged Mr. Jan Kowalski’s reputation. Andrzej Nowak.”

In the event of making the described request, it is important, among other things, to:

1. specify where (i.e., in which medium) the apology is to be published,
2. for what period of time,
3. specify at least the font type and line spacing,
4. specify that the statement must not contain any formal or substantive elements that diminish the significance, importance, or gravity of the statement, or that indicate a distancing from its content or form.

What compensation can be obtained for a violation of personal rights?

Article 24 of the Polish Civil Code, cited above, states that a person whose personal rights have been violated may demand monetary compensation or the payment of an appropriate sum of money for a specified social purpose. This provision is supplemented by Article 448 of the Polish Civil Code, pursuant to which, in the event of a violation of a personal right, the court may award the person whose personal right has been violated an appropriate sum as monetary compensation for the harm suffered or, at their request, order the payment of an appropriate sum of money for a social purpose designated by them.

It is important to note that the claims provided for in this provision may be asserted in any case of infringement of personal rights, regardless of the type of personal right infringed. However, the amount of damages is subject to discretion, and courts have considerable latitude in determining the amount, taking into account factors such as, among others:

• the nature of the infringement,
• the scale of the infringement,
• the number of rights infringed,
• the intensity of the infringements and their effects,
• the severity,
• the duration,
• the intensity of the negative psychological distress caused by the infringement of personal rights,
• the degree of fault of the person infringing the personal rights,
• the objective the person intended to achieve by taking the action infringing these personal rights,
• the financial benefit the person obtained or expected to obtain as a result of this action.

A practical example from Polish case law:

In one of the Supreme Court’s rulings, the plaintiffs filed a lawsuit for infringement of personal rights against a popular gossip weekly due to the publication of information describing private aspects of the plaintiff’s life. During the proceedings, the plaintiffs expanded their claim, seeking an award of PLN 250,000 each, plus statutory interest, as compensation for the harm suffered as a result of the infringement of personal rights.

The court held that the remedy described in Article 448 of the Polish Civil Code should provide the victim of a violation of personal rights with the satisfaction due to them, commensurate with the harm suffered, but taking into account the circumstances in which the violation occurred. The court held that monetary compensation, the amount of which is relatively low in relation to the benefits that the infringer of personal rights obtained or intended to obtain, does not adequately fulfill either a punitive or a preventive function, and thus also does not fulfill a compensatory function.

 This is particularly true when, apart from civil law sanctions, the act infringing on personal rights is not subject to other legal sanctions. Setting the amount of monetary compensation at a level that can, in a sense, be factored into the risk of the infringer’s actions in advance undermines the principle that one should not derive benefits from one’s own unlawful actions (Polish Supreme Court judgment of February 21, 2020 (case no. I CSK 565/18).

Consequently, it appears that effectively challenging the amount of compensation for the infringement of personal rights will be possible only if the defendant can demonstrate a lack of proportionality between the amount and the harm caused.

What amounts may the court award in cases of infringement of personal rights?

By way of example, the amounts awarded by courts as monetary compensation for the infringement of personal rights have included:

• loss of reputation, honor, and dignity – PLN 50,000 (judgment of thePolish Regional Court in Gdańsk, 1st Civil Division, dated June 16, 2020, case no. I C 267/18),
• loss of a close relationship between the deceased and their closest relative – PLN 100,000 (judgment of the Polish Court of Appeals in Szczecin, 1st Civil Appeals Division, dated March 25, 2021, case no. I ACa 217/20),
• loss of the right to an undisturbed family life, the right to maintain family ties, and the emotional bond between the closest family members – amount of PLN 70,000 (judgment of the Polish Regional Court in Płock, 1st Civil Division, dated October 8, 2018, case no. I C 1044/16),
• violation of reputation, personal dignity, and image, as well as the right to privacy (judgment of the Polish Regional Court in Warsaw, 1st Civil Division, dated May 21, 2024, case no. I C 1964/21),
• publication of an image without consent – amount of PLN 25,000 (judgment of the Polish Court of Appeals in Kraków, 1st Civil Appeals Division, dated October 6, 2020, case no. I ACa 216/20),
• publication of an image with the eyes covered by a narrow strip in a manner that does not ensure sufficient anonymization and by attributing to the plaintiff the commission of a crime for which no judgment has yet been rendered – amount of PLN 10,000 (judgment of the Polish Court of Appeal in Kraków dated November 5, 2021, 1st Civil Appeals Division, case no. I ACa 618/20).

Violation of personal rights – action to determine the existence or non-existence of a legal relationship or right

Pursuant to Article 189 of the Polish Code of Civil Procedure, a plaintiff may request that the court determine the existence or non-existence of a legal relationship or a right when the plaintiff has a legal interest in doing so. Consequently, it is also possible to seek a declaration of the existence of a personal right, as well as a declaration that it has been infringed, or, at the request of the infringer, that the actual or intended infringement of personal rights is not unlawful.

The prerequisite for an action for a declaratory judgment is the plaintiff’s legal interest. A legal interest is deemed to exist if the very effect of the declaratory judgment becoming final ensures the protection of the plaintiff’s legally protected interests, i.e., definitively resolves an existing dispute or preventively prevents the emergence of such a dispute in the future (see the Polish Supreme Court judgment of June 18, 2009, II CSK 33/09, OSNC 2010, No. 2, item 47).

A practical example from Polish case law:

In a ruling by the Polish Court of Appeals in Warsaw, the plaintiff sought a declaration of her right to dispose of a grave located in the cemetery where her father and his long-time partner were buried. The plaintiff sought a declaration of her right to repair the headstone and manage all matters related to the burial site as a personal right to which she is entitled.

In its ruling, the Court noted that the right to a grave is of a dual nature: personal and property-related, with the personal elements playing a leading role, regardless of the value of the property-related elements of this right and what they consist of. Consequently, the Court held that the plaintiff has a legal interest in bringing an action against the defendant pursuant to Article 189 of the Polish Code of Civil Procedure (judgment of the Polish Court of Appeal in Warsaw, 5th Civil Division, dated February 1, 2019, case no. V ACa 44/18).

Protection of personal rights – summary

In the event of an unlawful infringement of personal rights, the aggrieved party may defend themselves in several ways. If a personal right has already been infringed, they may demand that the necessary steps be taken to remedy the effects of the infringement, for example, by publishing a correction or an apology. However, if the infringement has not yet occurred but there is a significant likelihood that it may occur in the future, the person at risk may demand that actions likely to lead to an infringement of personal rights be ceased.

Of course, it is also possible to seek monetary compensation. The choice of the appropriate claim depends largely on the facts of the case.