Internet i podsłuchy, czyli prowokacja artystyczna i dziennikarska przy wykorzystaniu nowoczesnych technologii – wybrane aspekty oceny prawnokarnej
Internet and Phone Tapping, the Artistic and Journalistic Provocation Using Modern Technology – Selected Aspects of Criminal Law
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The article presents the view that the journalists do not receive the right to look for evidence and information about the sources of evidence, unknown to law enforcement agencies for which it can be a significant help. This may be also the kind of realization of civil and professional obligation. It can’t be also denied guaranteed in the Constitution a freedom of speech and artistic expression. On the other hand the behavior of journalists must be in accordance with the law. The prosecution of offenders and the collection and preservation of evidence is not in fact in the competence of journalists. However, artist should not claim the absolute right to violate the rights of third parties. It was noted that the artistic or journalistic provocation may be under certain conditions circumstances exempting unlawful offense. Because of the absence of the positive rule in Polish law which would clearly indicate, at least the limits of legality of these actions, it was found that the consideration of excluding criminal responsibility for acts done under provocation, it seems most appropriate to adopt a vis maior. However the proportion of goods should always be balanced on the basis of the described premises. The legislature should consider the introduction of relevant legal regulations especially in view of the use of modern technology by agents provocateurs.
Publication order reference