Protection of candidates’ personal rights in election campaigns in 2005 and 2007

Abstract

An election campaign is an inseparable element in an election process. During this time candidates convince citizens to vote for them or they try to denigrate an opponent. Sometimes they use to lie to destroy the political rival’s image. An election law forbids doing such things, because it makes campaign unfair and it could infringe personal rights such as good name, repute or image. An author in a first part of this article tries to answer such questions as: Which personal rights may be infringed in election campaign? What legal measures have candidates in parliamentary or presidential elections after the infringement of their rights? What are the rules of court procedure in these cases? Second part contains review of the most representative cases which have been considered by Polish courts during the campaigns in 2005 and 2007. Next the author enumerates advantages of presented regulations and suggests how they could be improved.