Fidei Defensor foundation states that the Ministry of Justice is creating a dangerous precedent. The issue concerns the planned removal of prison sentences for offending religious feelings. The change has been included in the legislative work schedule of the Council of Ministers.
According to the foundation, the draft prepared under the direction of Deputy Minister Arkadiusz Myrcha uses the case of Dorota Rabczewska (Doda) as a pretext. In 2009, the singer described the authors of the Bible as “drunk on wine and smoking some herbs.” In 2012, the court sentenced her to a fine of five thousand zlotys. Doda appealed to the European Court of Human Rights, claiming that her right to freedom of expression had been violated.
Under the European Court’s guidance
In 2022, the ECHR ruled that the fine was disproportionate to the nature of the statement. The judges stated that “the state should seek a balance between freedom of expression and the protection of believers’ feelings, but the severity of the sanctions, including a potential prison sentence, may be excessive.” The Polish ministry decided to follow the court’s guidelines.
The ministry’s plan proposes removing from Article 196 of the Penal Code [offending religious feelings] the prison sentence of up to two years. Only fines and restriction of liberty would remain. The change was added to the legislative work schedule of the Council of Ministers under number UD333 on November 18, 2025.
“Dangerous precedent”
Fidei Defensor reports that the ministry claims such severity is not necessary to comply with the Constitution of the Republic of Poland and international obligations, and that the change will ensure proportionality of penalties with greater respect for freedom of expression. However, the foundation emphasizes that the plan creates a dangerous precedent. “By limiting sanctions to non-custodial measures, the state signals that offending religious feelings – for example, publicly insulting the cross, Mary, or the Eucharist – does not deserve a strong response. In a society where attacks on symbols of faith are extremely frequent, such leniency may lead to an erosion of respect for the sacred. Moreover, eliminating the prison sentence will make it impossible to use temporary detention, which in cases of egregious profanation could allow perpetrators to continue their actions before the trial,” it stresses.
The foundation emphasizes that the planned changes amplify the marginalization of Christians’ religious feelings. “Instead of mitigating penalties, the state should strengthen protection of the sacred to ensure a balance between freedom of expression and respect for God,” it reads on their website.
“We must remind decision-makers that Poland has Christian roots. Only in this way can we preserve a society in which faith is respected, not ridiculed,” appeals Fidei Defensor.