SKP Law Firm represented the Institute of Reportage Foundation before the European Court of Human Rights in a case against Poland, constituting an important contribution to the boundaries of public debate.
 
The Polish government admitted to violating the freedom of expression of the Institute of Reportage Foundation and undertook to pay compensation as a result of a complaint lodged with the European Court of Human Rights.
 
The case concerned a symbolic protest organised by the Foundation in 2014 outside the Wrzenie Świata bar in Warsaw, which involved pouring out Ciechan beer, owned by Marek Jakubiak’s company. This was a reaction to public statements made by the entrepreneur and politician, which the Foundation considered to be contrary to the values of civil society and characterised by hate speech against people of different sexual orientations.
 
Following the protest, Marek Jakubiak’s company filed a lawsuit against the Foundation, demanding payment of PLN 100,000 for social purposes and a public apology, alleging unfair competition. The District Court in Warsaw upheld some of these allegations: it ordered an apology and payment of PLN 5,000 to the Warsaw Rising Museum. After the Foundation appealed, the Court of Appeal in Warsaw partially changed the ruling in 2018 – it overturned the obligation to pay PLN 5,000, but upheld the apology order and recognised the Foundation’s action as unfair competition. The Foundation disagreed with this ruling. It emphasised that its protest was a form of participation in public debate and was a civic action, not a competitive one. In December 2019, it lodged a complaint with the European Court of Human Rights, alleging a violation of Article 10 of the Convention and pointing out that the order to apologise was an unacceptable interference with freedom of expression.
 
During the proceedings before the ECtHR, the Polish government made a unilateral declaration acknowledging that there had been a violation of Article 10 of the Convention in terms of interference with the Foundation’s freedom of expression. It also undertook to pay the Foundation compensation and the costs of the proceedings. Consequently, on 20 November 2025, the Court decided to strike the case from its list, considering the government’s declaration and compensation to be sufficient redress. Although the decision formally closed the proceedings, the judgment could play an important role in setting standards for the protection of protests based on expressions of dissent.
 
The case of the Institute of Reportage Foundation shows that even actions that take the controversial, demonstrative form of protest fall within the limits of freedom of expression and deserve its protection. At the same time, it sends an important signal to civil society organisations that measures used by national courts – such as orders to apologise – may be considered a disproportionate interference in public debate if they limit the possibility of criticism and civic expression in public debate.
 
During the proceedings before the Polish courts and the ECtHR, Maciej Ślusarek, Maria Dżaluk, Marlena Kudła and Katarzyna Ciepiela were involved on behalf of the SKP. The Helsinki Foundation for Human Rights submitted an amicus curiae opinion at the stage of proceedings before the District Court.