Mowa nienawiści a dobra osobiste – wybrane aspekty ochrony cywilnoprawnej

Abstract

The subject of this article is the analysis of hate speech in civil law terms through the prism of the institution of personal rights. The author points out that the issue of hate speech is an interdisciplinary phenomenon, but one that is strongly related to legal sciences, in particular criminal law. It would be of great value to science to consider the topic more broadly from the perspective of administrative and civil law. The author links the issue of hate speech with personal rights and points out that, on civil law grounds, hate speech is an attack on specific personal rights. Then he discusses the essence of the regulation of personal rights. Next, he goes on to analyse the position of the entitled and responsible parties and extensively analyses claims arising from the violation of personal rights in the context of hate speech. The author also proposes solutions that could increase the level of civil law protection (i.e., the institution of a blind civil lawsuit) and points to the important role of legal education. According to the author, the Polish legal system provides civil law institutions that are effective protection against hate speech. Nevertheless, the phenomenon in question must be constantly analysed in the context of contemporary social and civilisation challenges so that the legal system in Poland responds to these challenges.