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Legal status of the Internet in the light of the Constitution of the Republic of Poland and applicable Polish law

Republic of Poland constitutional law media law Internet new technologies cyberthreats crime prohibited act civilizational and cultural threats Constitucion

Inny tyt. : Kwartalnik Naukowy Prawo Mediów Elektronicznych

Means of social communication are nowadays an integral part of humanity’s life. The media have a huge impact on human consciousness, shaping their character, preferences, behaviors and views. Mass media, especially the Internet, have become an alternative reality – a new world full of many possibilities and numerous temptations and threats. Many people think that this is an independent world, in which users are anonymous, rights and obligations do not exist, impunity is possible, and the limits of activity and actions are only determined by the subjective assessment of the user. Human has created a tool of the future, which is becoming a growing threat to himself. Also, an attempt to develop an effective law determining and defining the shape of the functioning of the Internet turns out to be difficult to regulate as well as to implement. In the modern era, when we try to define and regulate virtually every area of social life, the Internet space is still somewhat beyond the reach of an effective legal executive. Although attempts are being made to create various legal provisions devoted to this matter, the effectiveness of enforcement of this law in practice turns out to be insufficient. So the question remains what legal conditions are currently created by the Polish Constitution, and whether there are separate provisions defining the impassable limits of the Internet and how should law be created to fully regulate digital space? This subject has become the essence of these legal and scientific considerations. Deliberations are based on effective national legislation, and also judicature of the Supreme Court and casuistic legal remarks and juridical literature. In the paper, the author used the method of case study and scientific debate in order to formulate arguments a priori of the issue in question.

Wydawnictwo C.H. Beck

czasopismo online

Prawo Mediów Elektronicznych, ISSN 2082-100X. 2020, 1 s. 23-31

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