Compensation for infringement of personal rights as a result of broadcasting an unreliable broadcast

The Law Firm Duraj Reck & Partners represents clients in cases of infringement of personal rights. This is an extremely sensitive category of disputes, as it often concerns the image, good name or reputation of the entity seeking legal protection. Often, these cases arouse a lot of emotions on each side of the proceedings.

Recently, we had the opportunity to represent a respected doctor whose image was used by a nationwide broadcasting station – Polsat Television. z o.o. in order to illustrate material concerning irregularities in one of the Lower Silesian hospitals.

Importantly, our client, despite the fact that he was employed in the said facility, had no connection with the situation that was the basis for the creation of the material. As a result of the unreliable material, our client’s patients immediately recognized it, and the material made them feel that it was our client who was responsible for the unusual situation in the hospital.

Such a presentation violated the personal rights of our client in the form of image, good name and reputation, which he had worked for many years of his medical practice, and as a consequence could have led to the loss of trust necessary in the practice of the medical profession.

The District Court in Świdnica (Judgment of 10 October 2022, file ref: I C 1961/21) and the Court of Appeal in Wrocław (Judgment of 12 October 2023, file ref: I ACa 2314/22) agreed with our client and granted him appropriate protection by obliging the defendant to issue a statement with specific content and pay compensation.

The above case is an example of the fact that it is worth fighting for your rights and not remaining passive in a situation when someone violates your personal rights. It is also a good idea to consult your case with a professional who will assess it and propose solutions tailored to your needs.