Criminal Responsibility of the Authors of Fake News That Arouse a Sense of Threat in the Public Opinion in the Light of Article 224A of the Criminal Code

Abstract

The SARS-CoV-2 virus epidemic in 2020 was accompanied by the spreading of false and misleading information, the so-called fake news, on a growing scale. This was done primarily through the Internet with the use of social media, instant messaging, but also websites, including those imitating Internet portals widely recognized as reliable. The disinformation carried out in the manner described above, combined with the growing number of people infected with the SARS-CoV-2 virus and deceased as a result of it, constituted no less than the virus itself a threat to society, arousing its anxiety and sometimes even panic. In response to this new threat, the authorities of individual countries have made efforts to counter it with the use of existing and new criminal laws. In the case of Poland, representatives of some public institutions informed about the possibility of holding the authors of fake news criminally liable under art. 224a of the Criminal Code. The author of the article attempts to answer the question whether the indicated penal provision can in fact be used to counteract the more and more frequent dissemination of misleading information. For the above purpose, he analyzes selected cases of fake news in terms of the possibility of their authors fulfilling the criteria of a prohibited act under Art. 224a of the Criminal Code.