Polish Anti-defamation Law

Alex Sobel Excerpts

Tuesday 5th June 2018 Westminster Hall

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I beg to move,

That this House has considered Polish anti-defamation law.

It is a pleasure to serve under your chairship, Mr Gapes. I am pleased that the Backbench Business Committee has given time to this sensitive and difficult subject. I was going to raise it in the general debate on anti-Semitism in the Chamber on 17 April, but unfortunately I was not called, and I felt the issue needed a full airing.

This debate takes place in the context of the fact that the Polish President signed the Bill into law while also referring it to the Polish constitutional tribunal for review. I am pleased that the Polish prosecutor general has issued a legal opinion stating that in part the law is unconstitutional, and I look forward to the tribunal’s ruling, which should come any day now.

It is only appropriate to start this debate by paying tribute to the thousands of Poles who helped the Jews during the second world war and fought alongside allied soldiers, in the Polish free army. The righteous among the nations are a group of non-Jewish people who have been recognised for their great sacrifices and bravery in helping Jewish people during the holocaust. The title is awarded by Yad Vashem, the World Holocaust Remembrance Centre, and Poles constitute the largest national group of the righteous, with 6,706 people listed. We must remember that the punishment awaiting those who provided any kind of help to Jews was death for them and their entire family. At liberation, around 50,000 Jewish survivors were on Polish soil. It is estimated that about 30,000 to 35,000 Jews, only about 10% of Poland’s Jews, survived, and around 1% of all Polish Jewry was saved with the help of Poles and thanks to the devotion of the righteous among the nations.

I will start by paying tribute to a few of those Poles listed at Yad Vashem. First, I pay tribute to Jan and Anna Puchalski and their children, Irena, Krystyna and Sabina. They were a poor Polish family with five children, living in a tiny house. Jan supported his family on his small salary from working in a tobacco factory. On 13 February 1943, a Jewish family of four, who sometimes stayed in the area during the summer, and two other people, turned up at their door, having escaped a Nazi raid on the ghetto. Despite their lack of resources, the Puchalskis hid five Jews in a shelter under their floorboards for 17 months.

Secondly, I pay tribute to Jan and Antonina Żabiński. In the 1930s, the Warsaw zoo was one of the largest in Europe. When the war broke out, part of the zoo was bombed and many of the animals were taken to Germany. The zoo’s director, Dr Jan Żabiński, was allowed to visit the ghettoes because he was an employee of the Warsaw municipality. Using the excuse that he was going to tend some trees in a small public garden in the ghetto, he visited his Jewish friends to offer them help. As the situation worsened, he offered them shelter in his zoo. Around a dozen Jews lived in the couple’s home, with others staying in former animal enclosures around the park. He also helped them to get documentation and find accommodation elsewhere. The couple’s story was turned into a film, “The Zookeeper’s Wife”, just last year.

Thirdly, I pay tribute to Leopold and Magdalena Socha. Leopold Socha was a sewer maintenance worker in Lwów. When the Nazis occupied Poland, Leopold witnessed the suffering of the Jewish people and decided he was going to try to rescue at least 20 Jews from the ghetto. He enlisted the help of his co-worker Stefan Wróblewski. Together, they hid 21 Jewish people in the sewers. Initially the Jews paid Socha and Wróblewski, but as they ran out of money, Socha and his wife provided for them. They stayed in terrible conditions in the sewers for 13 months. Sadly, only 10 of the group survived until the liberation of Lwów. Leopold also saved the life of my great-uncle, Yehuda Mildiner. I pay tribute to Leopold and the 6,706 righteous who did so much for families like mine.

Poland was the only occupied country to set up a committee to aid Jews, Żegota, which provided food, shelter, medical care, money and false documents to Jews. Most of Żegota’s funds came directly from the Polish Government in exile here in Britain. In particular, the children’s section of Żegota, led by Irena Sendler, saved 2,500 Jewish children with the co-operation of Polish families, the Warsaw orphanage of the Sisters of the Family of Mary and Roman Catholic convents. Polish forces also gave exemplary service to the allied effort in the battle of Britain, the battle of the Atlantic, the north African campaign, particularly the battle of Tobruk, the Italian campaign, including the capture of the monastery hill at the battle of Monte Cassino, and the French campaign. We all have much to thank the people of Poland for, securing the freedoms we value today.

However, I return to the law passed on 26 January by the Polish Parliament and signed into law by the Polish President in early February. The fact that the President referred the law to the constitutional tribunal for review has not stopped the first case being brought. If nothing else, the nature of this case needs to make us stop and think about the nature of the law and its potentially far-reaching consequences, not just in Poland but globally.

The case was brought on 2 March 2018 against the Argentine newspaper Página/12 by the Polish League Against Defamation. The lawsuit focuses specifically on a photograph that accompanied an article about the 1941 massacre of Jews in the Polish village of Jedwabne. The Polish League Against Defamation claims that Página/12 was being “manipulative”, as the image is of four Polish anti-communist fighters in 1950, while the article is about the 1941 pogrom while Poland was under Nazi occupation, and that by linking the two events the publication was

“harming…the reputation of Polish soldiers”,

and trying to make Poland appear anti-Semitic. Página/12 has changed the photo of the partisans to that of a monument in Jedwabne vandalised with a drawing of a swastika, a proportionate response to what was clearly an error by the newspaper.

The lawsuit was brought by the right-wing nationalist Polish League Against Defamation, an independent organisation formed out of the Patriotic Society Foundation. Although the article was published in December, before the law took effect, and may not be admissible, it clearly shows the dangers the law could pose. The Argentine Government agree, stating:

“No law can limit, condemn or prevent freedom of expression or limit research”.

Even more concerning is the reaction of the Polish Government. The deputy Justice Minister expressed his hope that the Página/12 case would go to court, saying:

“If the court decides the complaint is admissible—and it should do so—then there will be a court case.”

In 2012, Barack Obama used the phrase “Polish death camp” during a Medal of Freedom ceremony for Jan Karski. He was clearly referring to a Nazi death camp in Poland, and the White House press secretary clarified that he had misspoken after Donald Tusk, then the Polish Prime Minister, complained about his use of the phrase. Will President Obama now face a lawsuit under the law? There is a much bigger picture here. When laws are passed that are regressive in nature, they have a wider societal effect than just the intended function of the law. When section 28 was passed in this country, it created a new wave of acceptability around homophobia.

My fears have already been realised, as can be seen from the actions of thousands of individuals against the Auschwitz-Birkenau Memorial and Museum. The staff were subjected to a wave of, in their own words,

“hate, fake news and manipulations”.

The brother of Piotr Cywiński, the museum’s director, posted on Facebook criticising the

“50 days of incessant hatred”

targeted at his brother. He said:

“For 12 long years he’s worked in one of the most terrible places in the world, in an office with a view of gallows and a crematorium. Dozens of articles on dodgy websites, hundreds of Twitter accounts, thousands of similar tweets, profanities, memes, threats, slanders, denunciations. It’s enough to make you sick.”

All this came after the law was passed.

Protesters have also been targeting the museum’s guides. They claim that the guides are trained to promote “foreign narratives” and that only Polish people should be allowed to work as museum guides. Videos of protesters, including convicted anti-Semite and local politician Piotr Rybak, harassing guides during the tours have been posted online. In March, the home of an Italian guide was vandalised with graffiti on his door that said “Poland for the Poles” and graffiti equating the Star of David with a Nazi swastika, with “Auschwitz for Poland guides!” daubed on an adjoining wall. To think it is acceptable to abuse those working to keep alive the memory of one of humanity’s most horrific death factories—a machine of genocide operated by Nazis—is, to me, beyond comprehension.

After my letter to the Foreign Secretary and after applying for the debate, I have not been immune from such abuse, giving me first-hand experience. As well as posting abuse on Twitter and in the comments sections of websites, people have taken to emailing my parliamentary email address. I will read one example. I apologise in advance for its language and its anti-Semitism, which is some of the worst I have ever seen. I want to be very clear that I am quoting; these are not my words. It says:

“You Talmudic piece of shit…Fuck off—leave Poland alone. Keep your Talmudic noses out of Polish affairs, Satan’s Brood. The Synagogue of Satan will go down in flames”.

Another email had pages and pages of graphically anti-Semitic images. On Twitter, I received this comment:

“People like you are the very reason we have the need for this legislation. Jewish Amnesia Syndrome is back. Denying there were Jewish perpetrators is after all denying one Holocaust Narrative.”

Another said:

“Of course this guy is not antisemitic”—

I thank them for that—

“he is a Jew and takes a profit from his MP status for lobbying against Poland and support the state of Israel which obviously needs new financial sources”.

Another said:

“Sobel is a member of the lobby. A liar, fake news spreading provocateur insulting 6 Million Polish victims murdered by Nazi Germany”.

One account now suspended by Twitter sent me 10 tweets accusing me of being in a worldwide conspiracy and on George Soros’s payroll, and saying that I should be banned from Poland, as well as including a homophobic insult.

If the Polish Government’s intention is for the law to minimise the false reporting of the holocaust and minimise anti-Semitic feeling, the exact opposite has been the result. I am sure that, as I speak, people are taking to their keyboards to send me more hate. I will not be able to press refresh on my Twitter account today, as it will just be filled with abuse.

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I am very sorry that the hon. Gentleman has received those comments. Unfortunately, all Members suffer vile abuse on Twitter, as I am sure he will recognise. There are crackpots in every society. Has he managed to speak to the Polish ambassador, or to visit Poland during the course of this year, to get a first-hand account of the situation on the ground there? A lot of misinformation on this subject is coming out of the country.

[Alex Sobel]

I intend to visit Poland later in the year, but I have not managed to yet. The Polish ambassador invited me for a meeting, but I did not arrive into London until quite late yesterday, so I responded that I will meet him after the debate. I have not been able to meet him, but I intend to. I understand that there are lots of different views, but I think the evidence is quite clear that the passing of this law has given an acceptability to things that were not acceptable before. It is about the consequences of the law and the atmosphere that it has created. People of Polish-Jewish descent and people from Poland have told me about their fears as a result of the law.

To conclude, I thank the Minister for Europe and the Americas for his letter, dated 8 May, in which he stated that the issue has been raised by the Foreign Secretary with his Polish counterpart at two meetings. He referred the issue to Eric Pickles, as the UK’s special envoy on the holocaust. Although I welcome Sir Eric Pickles’s involvement, I think this is a matter for the Foreign and Commonwealth Office to take up, rather than leaving it to a special envoy with a limited role. I ask the Minister and the Foreign Secretary to take the matter up with the EU through all the meetings and institutions that they and their colleagues will attend, including the Council of Ministers, and to report back to the House on the results of those discussions.

I know that a number of Members are members of the Council of Europe, and I know that this issue has been raised there. I hope that they keep looking at ways to engage with Polish colleagues and gain support for the law to be dropped.

--- Later in debate ---

[Alex Sobel]

I thank everybody for their contributions to today’s difficult debate. It is a testament to our Parliament that we can have such a debate in an open way. I thank the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) and particularly his family for all the things that they did for Jews in Poland during the war. I am happy to speak to the BBC about its use of language, which is important. We should refer to the camps as Nazi extermination or Nazi death camps. I will see whether I can come to Poland with the hon. Gentleman and the all-party group in July. I take issue with his referring to Polish Jews before the war as “guests”. I do not feel like I am a guest in this country. I do not think my hon. Friends the Members for Liverpool, Riverside (Mrs Ellman) and for Birmingham, Perry Barr (Mr Mahmood) see themselves as guests. I do not know whether the hon. Member for Shrewsbury and Atcham sees himself as a guest. We are not guests; we are citizens. Jews who lived in Poland before the war should be viewed as part of the Polish nation, not as guests of the Polish nation.

I thank my hon. Friend the Member for Ealing North (Stephen Pound) for his kind words. He is always very kind to me, but he probably needs to look a little more into the issue, particularly the involvement of individual Poles in the holocaust. Barbara Engelking, founder and director of the Polish Centre for Holocaust Research, has written a book, “Such a Beautiful Sunny Day”, about this. She is also the chair of the International Auschwitz Council, but she said recently that there had been an attempt to remove her as chair. The Deputy Prime Minister of Poland went to Israel this week and said that the composition of the International Auschwitz Council should be guided by “Polish sensitivity”, which I interpret as an attack on Barbara Engelking and I am very concerned about it. I hope that the Foreign Office can also look at raising that as an issue in its discussions.

I thank my hon. Friend the Member for Bassetlaw (John Mann), who, in his typical style, raised a wide range of issues related to the holocaust and anti-Semitism. As the chair of the all-party parliamentary group against antisemitism, he highlighted all the similar laws across Europe. I considered doing that, but time did not allow, so I am grateful to him for raising that. We need to tackle such matters right across Europe. There is, I am afraid to say, a contagion that is spreading.

My hon. Friend the Member for Liverpool, Riverside has given me much support in these areas. I was not aware of her own personal family history and how that memory will be affected by the anti-defamation law. I thank her for her support. I also thank my hon. Friend the Member for Birmingham, Perry Barr. I did not intend to raise war reparations as an issue. On a personal level, I am not seeking war reparations from the Polish Government. I am concerned, however, that the letter of 13 March that the shadow Foreign Secretary sent has not had a response. I will pass on a copy of the letter I received from the Minister for Europe, which was helpful but needs to go further.

The Minister of State, Department for International Development, the hon. Member for West Worcestershire (Harriett Baldwin) is subbing for the Minister for Europe and the Americas. I thank her and him for the letter and for raising the issue of criminality of debate. We need to raise it at every opportunity in every European institution. I hope that the Foreign Office will redouble its efforts so that we can apply pressure and also talk to other EU member states, some of whom I am sure have similar concerns about this issue. We must impress on the Polish Government the effect that the law is having not only within their own country but globally.

Question put and agreed to.

Resolved,

That this House has considered Polish anti-defamation law.