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First of all ... don't help?


We live in strange times. Or rather, in a strange country where honesty is perceived as incorrect and unprofitable, and even naive, and the call for help for your own child is criminalized. Little revealing thoughts? Maybe ... but provoked by a certain denunciation and its effect: fear among bloggers. We now know what is allowed and what is not allowed and that ignorance of the law really harms.

Blogger criminal

Today blogging is fashionable. Not only private individuals but also companies and large organizations take on this form of expression. The blog is also run by celebrities, known and recognizable people. Some do it worse, others do it better. There are those who treat blogging as a hobby, others already at the start have a vision of "unimaginable profits" that the blog will allow them to achieve, enabling the implementation of the most expensive plans.

Bloggers, including bloggers mothers, reach for many readers to reach for different ways of attracting attention. One of them is for example organizing competitions in which the prize is drawn, which in the case of blogging mothers, usually means a crime.

Why? Because according to Polish law, all games in which the win does not depend on the involvement of the participants, and from the case are defined as games of chance and require special permission of the Minister of Finance. If the organizers do not have a proper verdict on 'yes', the organizer has, unfortunately, cause for concern. It is enough if someone reports on it (for example, a dissatisfied participant in the game) and the trouble is ready. In addition, bloggers, including mothers bloggers, often forget about other basics: creating competition regulations, including entering into a record about the competition organizer, sponsor, etc.

You can say it's nothing that will stick to blogs. After all, this is the world of the Internet, and here you can feel anonymous, you can write a lot and no one is interested. Unfortunately you are wrong. This is proved not only by Acta, which was so loud just a few months ago, but also specific cases of specific people.

You help? Are you asking for help Think about how you do it ...

A few days ago on many blogs you could read the words of upset about a certain denunciation, which set many blogging mothers ready. Namely, the Ministry of Finance received information that on some blogs (named by the informer) money collections are carried out, and those without proper authorization are unlawful and punishable.

What is more, threatened with punishment are not only requests to help Tomek, MichaƂek, Marysia, so that it is possible to buy a prosthesis, send a child for rehabilitation, pay current expenses, etc. It is also illegal to encourage payments to the account of given organizations that collect money and who do it illegally. All you have to do is enter your personal account number to be censored (payments to a bank account are public collection). Therefore, all mothers describing the struggles they have in everyday life with an autistic child must be on guard, all brave women who decided to take matters into their own hands and not wait for someone to give them, and all those who decided to "stand out with crowd "others in need and give your child a chance for a happy childhood.

Why all the fuss? Once again with ignorance of the law. The denunciation, of course, was basic (because if it wasn't, no one would do it). Another matter is whether the legal provisions we live by are justified ... You could call them stupid, but unfortunately that doesn't change the fact that the law is the law. Although the record about illegal fundraising has been in operation since the 1930s, when nobody even thought about the internet (!), It is still valid. To make matters worse, it only validates some bodies: institutions, associations and organizations. Blogging mothers cannot apply for legalization collections ...

Art. 56. § 1. Whoever organizes or carries out a public collection of victims without the required permit or contrary to its conditions shall be liable to a fine.
§ 2. Incitement and aiding and abetting are punishable by law.
§ 3. You can order the forfeiture of items obtained from the collection carried out against the conditions of the permit, and forfeiture when the collection was carried out without permission.
§ 4. You can order the forfeiture of items obtained from the act referred to in § 1 also when they were transferred by the perpetrator to another person or institution, as well as forfeiture of money obtained for victims in kind and things acquired for the money obtained from the collection.
§ 5. Items for which a forfeiture has been pronounced should be handed over to a social welfare institution or a cultural and educational institution.

People whose blogs came under the magnifying glass of the Ministry of Finance now have a problem. In their case proceedings are pending. Indeed, not only the owners of the sites are guilty, but also all those who responded to their appeal and gave money, books, toys and other gifts. The fact that they had good intentions does not change the fact that they may suffer bitter consequences. Just like a baker who lost his own company and work a few years ago, becoming unemployed himself, because he distributed bread from the previous day to the poor.

What is the penalty for organizing illegal collections? The penalty for this type of offense is giving back the sum collected (transferring it to the purpose indicated by the court) and a fine, i.e. a fine.

Another example? The Ministry of Finance has started to watch closely not only blogs, but also to websites. On some of them you will find information on "to support the activity of the site's creators, make a donation for the development of the portal, etc.". Unfortunately, this (unless the publisher of the website has received permission, and in most cases does not have such permission) is also illegal activity.
He became quite convinced of this Histmag website publisher, when in October 2011 he received a summons to the police station with suspected offense. He was charged with the same charges as the bloggers mentioned above - running a public fundraiser without permission. The game was fought for 15,000 pages collected from readers and a fine (imposed by the court). However, the publisher managed to win the case with the help of good lawyers. Despite this, he has considerable doubts about whether to resume collections in the future and tries to draw attention to the problem for MPs, so that the law changes.

Few examples? Let there be another one. This time from another yard. Priest, or how do others want Mr. Tadeusz Rydzyk a few months ago appeared in the media as ... an accused. He was responsible for illegal collections. You will say that you deserve all the deceptions, incitement to hatred, mixing church laws with politics, etc. ... You will probably be right. What counts is the fact that in this case the law turned out to be equal for everyone: for mother desperately collecting money for surgery for a beloved child, for publishers who want to reap financial benefits from the website and for clergy who do their business under the mantle of philanthropy.

Finally, just note. The Seym is to deal with ossified law. The minister of digitization and administration is working on the change of law. Before doing so, however, for your own peace it is better to respect the assumptions of the regulations that currently apply. There is nothing to complain about in the west so-called Internet crowdfunding (literally crowdfunding) is a great solution that supports innovative, niche projects, since we live in Poland, where the authorities fight gambling (it is impossible to organize competitions in which the prize depends on the case without proper authorization) and with resourcefulness, and in some cases fraud and fraud (the need to obtain permission to raise money). It's good to look for solutions and ways to promote your own blog, or ways to get money that are legal. For your own safety.