A gloss on the Judgment of the Court of Appeal in Warsaw of 18 January 2017 (Court File No. VI ACa CSK 1661/15) Cover Image

Glosa do wyroku Sądu Apelacyjnego w Warszawie z dnia 18 stycznia 2017 r. (VI ACA CSK 1661/15)
A gloss on the Judgment of the Court of Appeal in Warsaw of 18 January 2017 (Court File No. VI ACa CSK 1661/15)

Author(s): Katarzyna Sikora
Subject(s): Law, Constitution, Jurisprudence
Published by: Krajowa Izba Radców Prawnych
Keywords: personal interests; personal interests on the Internet; damage to one’s good name; violation of personal dignity; legal protection of a username; Internet communication; acceptable criticism; hosting

Summary/Abstract: The gloss presents an analysis of the thesis behind the judgment of the Court of Appeal in Warsaw of 18 January 2017, issued in case court file No. VI ACa CSK 1661/15, concerning the possibility of infringing upon the personal interests of an anonymous user of an Internet forum. Firstly, an assessment of said judgment requires answering the increasingly frequent question of whether a username may qualify as a personal interest and whether it enjoys legal protection against infringement. An analysis of this issue – having regard for the particular circumstances that should be considered while evaluating infringements upon personal interests on the Internet, including in particular the notions of the acceptable criticism and anonymity of the Internet forum users – leads to the conclusion that the position taken in the judgment, according to which “it is not possible to infringe upon the good name of an abstract Internet forum user who goes only by a specific username, which does not allow for identifying the person behind it,” is correct.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 137-146
  • Page Count: 10
  • Language: Polish