Why Understanding Social Media Laws in Poland Matters
Social media has become an indispensable part of modern life. Platforms like Facebook, Instagram, TikTok, and Twitter are not only tools for personal connection but also marketing, discourse, and even advocacy. But with the rise of social media, legal complexities have emerged.
For legal professionals in Poland, understanding social media laws isn’t just an added skill—it’s now a necessity. Whether you’re advising users on compliance, defending clients in disputes, or helping businesses craft social media policies, being familiar with the legal landscape is crucial. This blog will provide insights into the laws governing social media in Poland, explore recent updates, and offer practical tips for lawyers navigating this evolving area.
Overview of Social Media Laws in Poland
Polish social media law lies at the intersection of several legal domains, such as data protection, freedom of speech limitations, and intellectual property rights. Below is a breakdown of the main areas legal professionals need to understand when dealing with social media cases in Poland.
1. Data Protection and Privacy (GDPR)
Poland, as a member of the European Union, abides by the General Data Protection Regulation (GDPR). Social media platforms operating in Poland must collect, process, and store personal data in compliance with GDPR regulations.
Key considerations:
- Platforms must ensure explicit consent is obtained before collecting user data.
- Individuals have the right to access their data, request corrections, or ask for deletion (known as the “right to be forgotten”).
- Companies or platforms that experience data breaches must notify Polish data authorities within 72 hours.
For legal professionals, GDPR cases linked to social media often revolve around breaches in advertising (using personal data for targeted ads) or companies mishandling sensitive user information.
2. Hate Speech and Defamation
Social media has amplified hate speech and defamation cases, making them a significant concern for Polish authorities. According to Polish Penal Code Article 257, inciting hatred through public speech (including on social media) based on race, religion, or nationality is a punishable crime.
Important points:
- Posts containing hate speech may result in fines or imprisonment of up to 3 years.
- Individuals defamed online may seek damages under Articles 212 and 216 of the Polish Penal Code, which protect against libel and slander.
- Social media platforms and users can both be held liable for not removing harmful content swiftly.
Lawyers should guide their clients on the risks of posting discriminatory content and help victims pursue claims when targeted on social media platforms.
3. Copyright and Intellectual Property
Social media users often share images, videos, and music—sometimes without proper licensing or authorization. Polish copyright laws, implemented under EU directives, provide comprehensive rules to protect intellectual property online.
Key regulations to know:
- Platforms must prevent illegal sharing of copyrighted works under the EU Copyright Directive (Article 13)—known informally as the “Upload Filter Rule.”
- Individuals who share or use copyrighted works without permission may face legal action, including compensation claims from rights holders.
- Fair use is narrowly defined under Polish copyright rules, requiring guidance for clients using copyrighted materials for commentary or education.
Legal guidance is particularly crucial for businesses hiring influencers or creating branded content, as copyright liabilities are common in such scenarios.
Recent Changes in Polish Social Media Laws
Over the past few years, new developments have shaped how Polish social media is regulated.
1. Digital Services Act (DSA)
While technically an EU law, Poland is required to enforce the Digital Services Act (DSA) as it applies to social media. Effective in 2024, the DSA holds platforms accountable for harmful content removal while balancing user rights, including freedom of speech.
For example, platforms such as Facebook will have stricter obligations to remove false or harmful content, provide greater transparency in content moderation, and ensure accountability when content is reviewed. Legal professionals may find themselves advising both platforms and users on how to comply with these new obligations.
2. Mandatory Moderation Guidelines for Platforms
Poland recently debated enacting new local regulations to ensure that social media platforms remove illegal content within 24 hours of notification or potentially face fines. While the framework is still being fine-tuned, this law could mean more responsibility for legal teams overseeing platform moderation.
3. Influencer Advertising Compliance
The Polish Office of Competition and Consumer Protection (UOKiK) now closely monitors influencer marketing for misleading promotions or undisclosed sponsorships. Influencers and their partner businesses can face legal challenges if they fail to provide clear disclaimers about paid partnerships.
Legal Implications: Lawyers must work with clients—brands and influencers alike—to draft compliant ad campaigns and avoid penalties.
Case Studies of Social Media Legal Issues in Poland
Case 1: Data Mismanagement on Social Media
A Polish e-commerce company faced backlash after customer email addresses were leaked during social media-driven campaigns. The company was fined €50,000 for failure to safeguard customer data in compliance with GDPR. This case highlights the importance of conducting data audits and ensuring online campaigns adhere to GDPR standards.
Case 2: Cyberbullying Leading to Defamation Claims
An individual took legal action against a former colleague for defamation via social media posts. The case resulted in a court order demanding a public apology and financial compensation. It highlights the escalating need to address online behavior legally.
Case 3: Copyright Violation in Influencer Content
A Polish producer sued an influencer for using an entire soundtrack in a Twitch live stream without a license. The influencer settled out of court to avoid higher damages. This emphasizes educating clients on their liability when hosting online content.
Best Practices for Lawyers Navigating Social Media Legalities in Poland
1. Stay Updated on EU and Polish Regulations
Be proactive in following EU directives like the DSA and Copyright Directive, as well as Polish legislative updates affecting social media compliance.
2. Educate Clients on Content Liability
Create guides or workshops for businesses, influencers, and users to explain risks related to hate speech, privacy violations, and copyright infringement on social media.
3. Provide Tailored Compliance Audits
Offer audits for companies to ensure that their data handling, advertising practices, and platform usage follow the appropriate laws, reducing the risk of penalties.
4. Collaborate with Digital Forensics Experts
Legal issues often involve gathering evidence from social media accounts. Partnering with digital forensics specialists will strengthen arguments and improve case outcomes.
5. Monitor Platform-Specific Guidelines
Major platforms like Meta (Facebook/Instagram), YouTube, and TikTok release their own policies for content moderation and advertiser compliance. Stay familiar with these rules to give timely, comprehensive advice.
Preparing for the Future of Social Media Law
Legal professionals in Poland cannot afford to ignore how social media shapes modern communication and business operations. While navigating this complex terrain may seem daunting, developing expertise in social media laws can position lawyers as valuable advisors in an increasingly digital world.
Stay ahead of these trends by continuing to educate yourself and your clientele. By remaining vigilant about changes in regulatory landscapes, Polish lawyers can ensure their clients remain compliant and competitive.
Need trusted legal insights on social media regulations? Stay informed with our legal blog, or contact us for consultations tailored to your needs.
