Warsaw Court of First Instance dismissed proceedings for alleged usage of Lichocka's image with a celebrated gesture

The territory Court for Warsaw-Śródmieście decided to discontinue criminal proceedings concerning the authors of the billboard campaign, which utilized the image of PiS MP Joanna Lichocka. This case made sound in Poland after the MP showed the mediate finger during a controversial vote in the Sejm, concerning the award of nearly PLN 2 billion to TVP as compensation for low subscription revenues. Although the legislature planned to allocate these funds to kid oncology, the Sejm, dominated by the Law and Justice, did not vote on this proposal.

A photograph of Lichocka holding up the mediate finger appeared in the media, which made the vote subject to intense public debate. The messenger claimed that this motion had been misinterpreted, and in fact she was rubbing it under her eye. Despite this, she apologized to all who felt offended and explained that a single movie cage was utilized to mislead the public.

Joanna Lichocka decided to direct a private indictment against the authors of the billboard campaign. In 2020, Spontaneous Citizens' Staff placed about 180 billboards with its image and the inscription “2 billion PLN on TVP alternatively of cancer treatment. The PiS greets the sick.” The MP argued that the run spoke to her, defaming her public reputation and exposing her to the failure of the assurance essential to fulfil her mandate.

One of the members of the Spontaneous Citizens' Staff, Marcin Mycielski, reported that the court did not confirm the claims on which far-reaching conclusions were drawn, resulting in the dismissal of the case.

The written justification of the Warsaw-Śródmieście territory Court stated that our road advertisements were “an assessment of the actions taken in the public space concerning the accused individual and the political party, for which Joanna Lichocka has a parliamentary mandate. (...) The function of the associate of the Sejm is simply a public aspect and is subject to various assessments and criticisms by individuals or social groups.(...) The actions of the defendants were not only directed against the actions of Joanna Lichocka, but were an integral part of a wider social run aimed at criticizing the way PiS organization politicians exercised legislative power," Mycielski quoted by “Rz”.

In the oral justification, the Court of First Instance stated that "people occupying public positions, serving as associate of the Sejm of the Republic of Poland, representing the public, must be aware – which I would presume they are, being adults with full legal capacity – that their mission carries a public assessment, which implies that their conduct can be assessed both positively and negatively; that is the essence of this function."