Abstract

The article analyses the European Court of Human Rights’ case law which refers to the freedom of historical comments. The ECHR has expressed its opinion in several cases in which it resolved a conflict between two values: the freedom of speech and the need to preserve historical truth.

The analysis has been provoked by recent amendments to the Act on the Institute of National Remebrance (INR) which penalized even unintentional acts consisting in attributing certain war crimes to the Polish Nation or State. The article outlines the evolution of the ECHR case law, which allows for an attempt to define the standards of protection of the freedom of expression taking into account the Convention for the Protection of Human Rights and Fundamental Freedoms. The above serves as a starting point for further discussion and examination whether the amended – and then repealed – penal provisions in the amended Act on the INR are in line with aforementioned standards.