As Axel Springer, a major player in international media, navigates potential structural changes due to ongoing transactions with KKR and CPP, its Polish subsidiary has received a penalty payment claim of over €11m from businessman Robert Szustkowski. Szustkowski argues that Axel Springer Polska has delayed execution of the 2020 settlement agreement.
The dispute traces back to 2017 when Szustkowski sued Ringier Axel Springer Polska, the publisher behind major Polish news sites like Fakt.pl, Onet.pl, and Newsweek.pl. Szustkowski claimed that these platforms disseminated false and defamatory information about him, including accusations of dubious ties to Russian intelligence and involvement in a notorious political scandal in Poland.
A “non-final court judgment’’ in Szustkowski’s favor in 2020 led to an out-of-court settlement negotiated to eliminate the effects of the infringement of personal rights and introducing contractual guarantees to protect Szustkowski from further infringements of his personal rights. However, Szustkowski now contends that the Polish arm of Axel Springer delayed in the execution of the terms of this settlement, prompting his legal team to pursue the hefty penalty. If successful, this claim would be the largest of its kind in Polish media history.
“To my knowledge, this is the highest amount of a claim in Poland in a case arising from a breach of reputation by a press publisher. The basis for the claim is the delay in the execution of the out-of-court settlement by the Publisher and the contractual penalty provided for in it by both parties,” ” emphasized Elżbieta Kosińska-Kozak, an attorney at Dubois and Partners, who represents Szustkowski.
Szustkowski, who has been vocal about the importance of protecting personal rights, emphasized that his actions are not an attack on press freedom but a defense against the misuse of it. He argues that freedom of speech must be balanced with responsibility, urging publishers to verify the accuracy and truthfulness of facts contained in press materials before publication.
Reputation problems of Axel Springer’s Polish entity put it under intense scrutiny, highlighting the ongoing tension between media freedom and the rights of individuals to protect their reputation.