Cyberstalking (Art. 190a of the Penal Code)
In today’s digital world, where online communication and social media play a central role in our lives, the issue of cyberstalking has become increasingly important. This form of harassment can have severe emotional and psychological consequences for victims, as well as lead to serious legal repercussions for perpetrators. In Poland, cyberstalking is criminalized under Article 190a of the Penal Code. But what exactly does cyberstalking entail, and how does the law protect victims?
What Is Cyberstalking?
Cyberstalking refers to a pattern of repeated, unwanted, and intrusive online behavior aimed at harassing or intimidating another person. This type of harassment occurs through digital means, such as social media platforms, email, instant messaging, or any other online communication channels. Cyberstalking can involve various actions, including sending threatening messages, spreading rumors, or relentlessly monitoring the victim’s online activities.
According to Article 190a of the Polish Penal Code, cyberstalking occurs when someone „persistently and intentionally” engages in harassment by using electronic means, causing significant distress or fear in the victim. This law protects individuals from any form of online abuse that threatens their safety, mental health, or well-being.
Key Elements of Cyberstalking Under Polish Law
The law sets out specific behaviors that qualify as cyberstalking. These include:
- Repeated Unwanted Communication: This involves sending multiple messages, emails, or texts that are unwelcome and intended to intimidate or harass the victim.
- Threatening or Aggressive Behavior: Cyberstalkers may use digital platforms to send threatening, degrading, or insulting messages, often with the aim of causing emotional harm.
- Monitoring Victim’s Activities: This can involve actions such as tracking the victim’s online presence, logging into their social media accounts, or spying on their activities without consent.
- Spreading False or Harmful Information: Cyberstalkers may spread rumors, false accusations, or private information about the victim, either to damage their reputation or cause distress.
Legal Consequences of Cyberstalking
Cyberstalking is considered a criminal offense under Polish law, specifically under Article 190a of the Penal Code. The penalties for cyberstalking can vary depending on the severity of the offense:
- Imprisonment: The punishment for cyberstalking can range from a fine to imprisonment for up to 3 years. In more serious cases, where the harassment is persistent or has caused significant harm to the victim, the penalty may be more severe.
- Protective Orders: In addition to criminal penalties, victims of cyberstalking may also seek a court order to stop the harassment. This can include restraining orders that limit or prohibit contact between the stalker and the victim.
- Compensation: Victims of cyberstalking may also pursue civil claims for damages, especially if they can prove emotional or financial harm as a result of the stalking.
How to Protect Yourself from Cyberstalking
If you suspect that you are a victim of cyberstalking, there are several steps you can take to protect yourself:
- Document Everything: Keep a record of all the messages, emails, or posts that you believe constitute stalking behavior. Screenshots and detailed notes can be crucial if you need to report the crime.
- Block the Stalker: Many online platforms allow users to block or mute individuals who are harassing them. Use these tools to prevent further contact.
- Report the Behavior: If the stalking continues, report the behavior to the platform (e.g., social media sites or email providers). Many platforms have reporting tools that can help remove harmful content and prevent the stalker from contacting you.
- Seek Legal Help: If the harassment persists, you can contact law enforcement to file a formal complaint. Consider reaching out to a lawyer who can help you navigate the legal process.
- Maintain Privacy: Adjust your privacy settings on social media and other online platforms. Limit the information you share publicly to protect your personal details.
Conclusion
Cyberstalking is a serious crime that can have a lasting impact on a victim’s emotional well-being and sense of security. In Poland, the law is clear: harassment and intimidation via digital means are unacceptable and punishable under Article 190a of the Penal Code. If you find yourself or someone you know becoming the target of cyberstalking, it is important to take immediate steps to protect yourself and report the incident to the authorities.
Staying informed about your rights, maintaining privacy online, and seeking legal support are key to combating this increasingly prevalent form of digital harassment.
As of: February 21, 2025
Cyberlaw by Judyta 