A short story about law enforcement and legal change as a result of social rebellion on the Internet

Contribution presented at the 4^th Calisia World Conference on Family Health, University of Kalisz, Poland, 7-9 October 2024
Poland was one of the countries with a total ban on alcohol advertisement from the early 1980s. Brand et al. [1] described Polish and Norwegian alcohol control legislation as the most effective among OECD countries at the beginning of the 21st century [1]. However, the following years saw dismantling of the alcohol control provisions. One of the first steps of weakening legislation was an amendment to the act and removing beer from the advertising ban.
The anti-alcohol law in Poland prohibits alcohol, vodka, and wine advertisements without exceptions, while beer ads are allowed under certain conditions. However, alcohol ads, especially on social media, have been widespread. Government attempts to enforce the law failed, encouraging the alcohol industry to continue unchecked, leading to public dissatisfaction.
In response, Dr. Jan Śpiewak and his associates launched a campaign. They created a website with a template for reporting illegal alcohol advertising. Śpiewak publicly filed a report against Janusz Palikot and Kuba Wojewódzki, accusing them of participating in vodka and beer ads.
In retaliation, Śpiewak faced a lawsuit for violating personal rights and an indictment for defamation. The plaintiffs sought 100,000 PLN in damages, along with a fine or restriction of freedom. The case gained media attention. Despite earlier inaction, the prosecutor pressed charges. The court issued a summary judgment, fining the accused tens of thousands of PLN. Although the verdict was later overturned and the case is ongoing, in the public’s eyes, both men were seen as guilty, and alcohol ads were viewed as illegal. More reports were filed, leading to charges against other individuals. What had once been common vanished from the Internet, and participation in such ads became a source of shame.
The Safe Poland for All Foundation (Fundacja Bezpiecz­na Polska dla Wszystkich), including Śpiewak, became involved in several cases concerning illegal alcohol ads. A new public discourse emerged, focusing on alcohol’s health risks, such as its links to cancer and premature death, beyond addiction. This shift fueled further action.
One major initiative was a citizens’ campaign to limit nighttime alcohol sales in Warsaw. The Safe Poland for All Foundation led an information campaign encouraging residents to join public consultations. These were held both in person and online. The results showed overwhelming support, with 96.9% of respondents favoring restrictions and 70.9% supporting limits between 10:00 PM and 6:00 AM. Consequently, Warsaw’s City Hall announced plans to introduce regulations, though it proposed limiting sales from 11:00 PM to 6:00 AM, citing the operations of the Żabka convenience store chain.
Additionally, the Foundation drafted a new law amending the anti-alcohol legislation. Key provisions included a total ban on alcohol advertising, enclosed alcohol sections in stores accessible only to adults, a ban on the production and sale of “small bottles” (single-serving alcohol containers), a ban on e-commerce alcohol sales, and the prohibition of alcohol sales at gas stations. This proposal was sent to Prime Minister Donald Tusk, who instructed the Ministry of Health to meet with the authors. Following the meeting, the ministry began working on changes, initially focusing on restricting alcohol sales at gas stations.
In many civilized European countries, a total ban on alcohol advertising has been introduced. Taking into consideration the volume of alcohol consumption in Poland and related health harm, a total advertising ban should occupy a prominent place among other changes to the alcohol regulations.

DISCLOSURE

The author reports no conflict of interest.

References