Draft ‘anti-hater’ law: an opportunity for employers to protect personal rights on the Internet
The Sejm has started work on an MP bill on amending the Civil Procedure Code Act and certain other acts – the so-called ‘anti-hater law’. As indicated by promoters of the draft law, the aim of the bill is to introduce the institution of ‘blind actions’ - a special regime of civil proceedings for the protection of personal rights.
The procedure referred to in the draft law applies if:
- The violation of personal rights occurred electronically;
- The plaintiff does not know the name or address of the infringer.
If both of the above conditions are met, the person whose rights have been infringed may file an action indicating that the defendant is an ‘unknown person’. The burden of establishing the personal data of the defendant has been shifted to the court, which will apply to the relevant service provider on behalf of the plaintiff for the defendant's identification data.
The new procedure will also serve employers as a tool in the fight against online violations of their personal rights, in particular by former employees.
The draft law has now been referred to the Extraordinary Committee for Amendments to the Codifications.