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Polish Constitution, Article 73: "The freedom of artistic creation and scientific research as well as dissemination of the fruits thereof, the freedom to teach and to enjoy the products of culture, shall be ensured to everyone."
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Over 90 cases of censorship in Polish art. A calendar of interventions and violations of Article 73 of the Polish Constitution in 1989 – 2008.

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2009-03-12 | Behemoth wins in court

Adam Darski, a leader of Behemoth, won the defamation case against Ryszard Nowak. The musician had filed a libel lawsuit against Nowak when the latter, the head of the All-Polish Committee for Defence against Sects, called Darski a criminal.

The conflict started when at the concert at UCHO club in Gdynia Darski tore up a Bible and called the Catholic Church “the most murderous cult on the planet”. Nowak wanted to sue Darski for an offence against religious feelings, yet the Gdynia Public Prosecutor's Office terminated the investigation due to a fact they failed to find another offended witness, which was required by the law. According to Nowak the witnesses were intimidated and frightened of the “satanist's vengeance” and therefore refused to talk. Although the Behemoth frontman had not been sentenced, Nowak kept calling him a criminal in media. In Darski's opinion slandering him in media has influenced the group's contacts with the concerts organisers.

The sentence of the court demands a written apology from Nowak to be published in media, covering the costs of the lawsuit and 3,000 PLN to be donated to the animal shelter in Gdynia (to oppose the stereotype the deathmetal musicians ill-treat animals).

Nowak is planning an appeal against the court sentence and maintains Darski is a criminal and a dangerous satanist.

Based on:
Behemoth leader wins a defamation case – trojmiasto.pl
He tore up a Bible. He won the case – Gazeta Wyborcza

Read more on Indeks 73 website:
Sprawa Behemotha umorzona
Behemoth w prokuraturze



Indeks 73 commentary:

The court sentence seems to be a happy end of the Behemoth case – one may think twice before they call someone a criminal only because he or she “offends one's religious feelings”. Especially, the arguments concerning offending religious feelings are frequently used to restrain artistic freedom, which is an infringement of Article 73 of the Polish Constitution.

The worrying fact is that only one more offended witness would be enough to change the ending of this story – and Darski would be the one charged with the religious offence.  Yet Nowak claims the lack of witnesses only proves people are too frightened of the satanist's vengeance to testify...


Latest news:
Gazeta Świętojańska informs Ryszard Nowak has found another person “offended” by Behemoth tearing up a Bible – it's Dorota Arciszewska-Mielewczyk, the PiS senator. Therefore the case may go to court again.
More information (including films and audio materials from court) on Gazeta Świętojańska website.


Agnieszka Kaim
Translation: Małgorzata Głombiowska



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