Protection of Politicians’ Image in Poland

Abstract

A politician’s activity in the public sphere is a prerequisite for winning electoral support and attaining power. It is therefore unsurprising that politicians are inclined to present not only particular messages but also themselves in public fora. One means of reaching the widest possible audience is to use mass media. Media actors frequently employ a politician’s image to illustrate specific topics. In an era marked by the growing importance of visual communication, such practices create both opportunities and risks for politicians. This scholarly article seeks to define and specify the concept of “image” within the Polish legal–political order and to delineate the boundaries of its protection under the law in force in the Republic of Poland. Its aim is to indicate the extent to which a politician’s image is protected in Poland. The author advances the thesis that there is an increased scope for third parties to rely on the right to the image of individuals active in the public sphere (including politicians). To test this thesis, the article poses the following research questions: What, from a legal standpoint, is an image? What exclusions from its protection exist? What forms can its infringement take? Is a politician’s image protection relative (i.e., dependent on the circumstances)? To answer these questions, the analysis draws on the subject-matter literature, legal norms, case law and the author’s professional (journalistic) practice. The argument proceeds by analysing source materials (to establish definitions) and by applying the legal exegetical method (to interpret legal provisions). This approach enables conclusions to be drawn regarding the essence of the notion of “image” in the Polish legal–political order, the forms of its infringement, the claims that may be pursued on that basis, and the framework of its protection.