Success for RKKW Client: editors-in-chief of popular TV stations obliged to publish corrigenda

As a result of the actions of RKKW’s lawyers – with a verdict of 12.08.2022. The Court of Appeals in Warsaw ordered the editors-in-chief of popular TV stations and a related website to publish press corrigenda.

RKKW’s client demanded that the editors-in-chief publish an integrated set of corrigenda to the false information contained in the reportage and article. The reportage was aired as part of a popular program, aired periodically on both stations.  The editors-in-chief refused to publish the corrigendum. They alleged a lack of passive standing, pointing out that the editor of the broadcast, not of the television station or portal, has passive standing. They also claimed violation of the requirements of the press law, including lack of legal interest in the publication of the corrigenda, exceeding the maximum volume specified by law, non-substantive, referring to irrelevant information and assessments (instead of facts) or even defective construction of the request. Due to the refusal to publish the corrigenda, RKKW’s client took legal action.

In the course of the court proceedings, RKKW’s lawyers presented extensive arguments as to the passive legitimacy on the part of the editors-in-chief of each station with regard to the publication of the rectification of the broadcast. They stressed that the editor-in-chief obliged to publish a press rectification is the person with the authority to decide on the entire editorial activity of a given daily newspaper or magazine – in the present case, a television station – and not, as the defendants claimed, the editor-in-chief of a given broadcast. In the course of the proceedings, it has been shown that the editor-in-chief of a broadcast is actually under the authority of the program director (i.e., the station’s editor-in-chief) and is obliged to follow his instructions in terms of editorial content. In addition, RKKW’s lawyers demonstrated that the request for publication of the rectification was formulated unambiguously and factually, conveying a specific, consistent message to the audience. In addition, it was argued that the text of the rectification does not exceed twice the volume of the fragment of the press material to which it relates, the rectified content is verifiable in terms of truth/falsehood, and the RKKW’s client has an interest in the publication of the rectification, because the published content fundamentally affects the assessment of its activities.

The Court of Appeals fully shared the arguments of the RKKW’s lawyers and ordered the publication of the corrigenda to all three defendants. The verdict is final (reference: V ACa 521/22).

The client was represented in the dispute by legal counsel Aneta Pankowska (Partner), assisted by lawyer Aleksandra Rudzinska (Associate).