Press liability for the violation of personality rights in Polish case law: a legal and economic analysis

This article examines press liability for violations of personality rights in Polish case law from legal and economic perspectives. It analyses the balance between freedom of expression and the protection of reputation, focusing on truthfulness, diligence, and reliability in journalistic practice, as well as the different standards applied to public figures and private individuals. The study also discusses the proposed Polish anti-SLAPP regulation. An empirical analysis of 447 judicial decisions issued between 2012 and 2025 shows that although plaintiffs succeed in 63% of cases, financial compensation is generally low, averaging €4,785, while courts often rely on non-monetary remedies such as apologies. The findings suggest that limited financial liability weakens the deterrent effect of civil law and creates incentives for sensational reporting. The article concludes that reforms are needed to strengthen the protective function of personality rights while preserving freedom of expression.