Protection of personality right

In the Polish law and related regulations protection of personality rights is governed  expressisverbis.
In conformity with the provisions of Article 23 of the Civil Code personality rights of a human being, particularly health, freedom, dignity, freedom of conscience, surname or pseudonym, image, secrecy of correspondence, immunity of residence, scientific, artistic, inventive work, and streamlining are protected under the civil law and related regulations regardless of protection that is provided for in other legal regulations. On the other hand, in accordance with Article  24 § 1 of the Civil Code, an individual, whose personality right is threatened by a third party’s action, may demand discontinuance of such action unless  it is not illegitimate. In the case of violation, such an individual may also demand that an offender repairs the harm caused in effect of such a violation, including but not limited to a statement of relevant content and form to be made by an offender. Furthermore, pursuant to the Code provisions, the wronged party may also demand monetary reparation or payment of a relevant amount for social purposes. The latter is specifically governed by Article 448 of the Civil Code, according to which in the case of violation of the personality right the court may adjudicate the relevant amount of the monetary reparation for the benefit of the individual whose personal right has been violated or the relevant amount of money to be transferred upon the request of the harmed individual for the social purpose designated by the harmed individual.

It still bears noting that in compliance with Article 43 of the Civil Code, the natural persons’ personality rights protection regulations are accordingly applicable to legal persons.
With regard to personality rights, both in the doctrine and  the case law, these are intangible assets, due to which a legal person may operate to the extent of the core of its business operations. These inter alia include: good name and stature.

Personality rights fall under the protection of the civil law, regardless of the protection arising from other legal regulations. An individual, whose personality right is threatened by a third party’s illegitimate action, may demand discontinuance of such an action. In case it has already been violated, an individual may demand that an offender repairs the harm caused in effect of such a violation, including but not limited to a statement of relevant content and form to be made by an offender. An individual, who has suffered a detriment of property in effect of violation of the personality rights (for instance, violation of immunity of residence or health impairment), may demand reparation of the harm under general provisions (namely the monetary reparation). Furthermore, an individual who has suffered any harm such as negative emotions, may also demand monetary reparation or payment of a relevant amount for social purposes.