In a significant move that could reshape the landscape of free speech and hate crime legislation in Poland, President Andrzej Duda has submitted an amendment to the Penal Code, commonly referred to as the "hate speech law," to the Constitutional Tribunal for preventive review. This action, announced on April 17, 2025, has generated considerable debate regarding the balance between protecting individuals from hate crimes and upholding freedom of expression.
The president's request, which spans 40 pages, raises critical questions about the compatibility of the proposed law with the constitutional guarantees of freedom of speech as outlined in Article 54, Section 1 of the Polish Constitution. Duda's concerns center around the law's potential to introduce new discriminatory premises for hate crimes, including age, gender, disability, and sexual orientation, in addition to existing categories such as national, ethnic, and religious affiliations.
During an interview with Telewizja Trwam, Duda expressed his apprehensions, stating, "It is very characteristic that these left-leaning liberal currents, which loudly advocate for tolerance and diversity, are the first to block the possibility of speaking out." This comment reflects a broader critique of the proposed law, which critics argue could lead to censorship and a chilling effect on public discourse.
The amendment was initially passed by the Sejm on March 6, 2025, with significant support from 238 deputies across various parties, including the Civic Coalition (KO), Third Way, New Left, and Razem. However, 182 deputies voted against it, primarily from the ruling Law and Justice party (PiS), Confederation, and the Republicans. Notably, one member of the Polish People's Party (PSL), Vice Prime Minister Władysław Kosiniak-Kamysz, also opposed the bill.
The proposed legislation aims to expand criminal liability for hate crimes by altering the language from "because of her affiliation" to "in connection with affiliation." This change would enable prosecution even if the victim does not possess the characteristic that triggered the perpetrator's behavior. As a result, crimes motivated by such prejudices could lead to imprisonment.
In a post on the X platform, the President's office provided information about the decision, linking to the full request submitted to the Tribunal. The document outlines how hate speech is defined as communication that insults, degrades, or attacks individuals or groups based on their characteristics, such as origin, religion, sexual orientation, or gender. While many countries, including Poland, legally prohibit hate speech, the nuances of enforcement and the definitions used remain contentious.
Supporters of the amendment argue that it is a necessary step toward combating hate crimes and protecting marginalized communities. The law seeks to address a growing concern about rising intolerance and violence based on discrimination. However, opponents fear that the broad definitions and potential for overreach could stifle legitimate discourse and dissenting opinions.
Slawomir Mentzen, a candidate for president from the Confederation party, praised Duda's decision to submit the law to the Tribunal, asserting, "It is very good that President Andrzej Duda did not sign the censorship law, called the hate speech law." He further promised that if elected, he would veto any legislation attempting to restrict freedom of speech.
The amendment's journey through the legislative process has not been without controversy. Critics, including Duda, have highlighted concerns about the public-legal mode of prosecuting hate crimes, which allows for proceedings to be initiated even against the victim's wishes. This aspect of the law raises questions about the implications for individual autonomy and the right to determine whether to pursue legal action.
As the Constitutional Tribunal prepares to review the amendment, the implications of its decision could have far-reaching effects on both the legal framework surrounding hate speech and the broader societal discourse on tolerance and freedom of expression. The Tribunal's ruling will not only impact the enforcement of hate crime laws but also set a precedent for how Poland navigates the often contentious intersection of free speech and protection from discrimination.
In the meantime, the debate surrounding the amendment continues to unfold, with various stakeholders voicing their opinions on the balance between safeguarding individuals from hate and preserving the fundamental right to free expression. As Poland grapples with these complex issues, the outcome of this legal review promises to shape the future of civil liberties in the country.
