Internet i podsłuchy, czyli prowokacja artystyczna i dziennikarska przy wykorzystaniu nowoczesnych technologii — wybrane aspekty oceny prawnokarnej

Abstract

The article presents the view that the journalists do not receive the right to look for evidence and information about the sources o f evidence, unknown to law enforcement agencies for which it can be a significant help. This may be also the kind o f realization o f civil and professional obligation. It can’t be also denied guaranteed in the Constitution a freedom o f speech and artistic expression. On the other hand the behavior of journalists must be in accordance with the law. The prosecution o f offenders and the collection and preservation o f evidence is not in fact in the competence o f journalists. However, artist should not claim the absolute right to violate the rights o f third parties. It was noted that the artistic or journalistic provocation may be under certain conditions circumstances exempting unlawful offense. Because of the absence of the positive rule in Polish law which would clearly indicate, at least the limits o f legality o f these actions, it was found that the consideration of excluding criminal responsibility for acts done under provocation, it seems most appropriate to adopt a vis maior. However the proportion o f goods should always be balanced on the basis o f the described premises. The legislature should consider the introduction o f relevant legal regulations especially in view o f the use of modern technology by agents provocateurs.