The Liability of Political Parties for the Activities of Electoral Committees. Protection of a Person’s Image in Connection with His/Her Profession as a Journalist on a News Channel under the Polish Civil Code and Copyright Law

Abstract

The subject of the Supreme Court judgment under review is the recognition of the liability of a political party for the unlawful use of an individual’s image by its electoral committee after the committee’s activities are over. This liability arises both from the legal status of the party and as a direct consequence of the passive legitimation by the defendant party as a result of the marking of an election advertisement with the party’s clearly visible name. With regard to the violation of the plaintiff’s personal rights, the Supreme Court held that her right to her image had been violated, both under copyright law, because of the lack of the plaintiff’s consent and the absence of conditions limiting protection, and under the Civil Code, since the publication of the party’s election advertisement using the plaintiff’s image in an unauthorised manner interfered with her personal and professional honour, her good name as a human being, and her professional reputation.