A reader informed us that a large Israeli flag had appeared outside one of the private homes on Różana Street. According to his account, some residents were reportedly outraged, and the property owner allegedly reacted aggressively to comments directed at him.
We did not witness the situation described, so we cannot confirm the participants' conduct or determine why the flag was displayed. We did, however, check whether displaying the Israeli flag on a private property is itself prohibited in Poland.
A foreign country's flag may be displayed
Polish law contains no general provision prohibiting a private individual from displaying another country's flag on their home.
This was confirmed by the Ministry of the Interior and Administration in an official response to a parliamentary interpellation concerning the placement of foreign flags on buildings. The ministry indicated that Polish law contains no regulations prohibiting such conduct.
This means that, in principle, the owner of a private property may display, among others, the flags of Israel, Palestine, Ukraine, Germany, the United States or any other country. They do not need permission from the authorities, police or neighbours.
Displaying a flag may be a form of expressing views
Article 54(1) of the Constitution of the Republic of Poland is also relevant. It provides that everyone is guaranteed the freedom to express opinions and to acquire and disseminate information.
Displaying a flag may therefore be a form of expressing support, solidarity, national belonging or a political position. Freedom of expression is not unlimited, but displaying a legal state symbol generally falls within its boundaries.
Outrage among some residents or a negative assessment of a given country's policies does not automatically make displaying its flag unlawful.
The Israeli flag is not a prohibited symbol
The Israeli flag is an official state symbol. It is not a symbol of a prohibited organisation or a totalitarian system.
Displaying it does not in itself mean supporting all actions of the Israeli authorities. In exactly the same way, displaying any other country's flag may have different meanings depending on the intention of the person presenting it.
There are therefore no legal grounds for the police or authorities to order the owner of a private home to remove the flag solely because it is an Israeli flag.
Are fascist and communist flags prohibited?
The popular belief that in Poland every flag may be displayed except a “fascist or communist” one is not entirely accurate.
Article 256 of the Criminal Code is crucial. It prohibits the public promotion of a Nazi, communist, fascist or other totalitarian state system. The provision also covers public incitement to hatred on grounds including nationality, ethnic origin, race or religion.
The Criminal Code also provides for liability for producing, recording, importing, storing, possessing, displaying, transporting or disseminating objects containing totalitarian symbolism if this serves to promote such a system.
Liability is therefore not always determined solely by the appearance of a flag or the presence of a particular symbol. The purpose and context of its use are also important. The law provides exceptions, including for artistic, educational, collecting and academic activities.
For example, displaying a historical flag bearing a swastika in a museum, textbook, press material or documentary film is not the same as publicly displaying it to glorify Nazism.
The law also protects certain flags of foreign states
The Criminal Code also directly addresses the flags of other countries.
Under Article 137(2), a person may be held liable if, in Poland, they publicly insult, destroy, damage or remove a symbol of a foreign state displayed publicly by its representation or at the order of a Polish public authority.
This applies, for example, to a flag displayed by an embassy, consulate or Polish government office. The provision does not mean, however, that every privately displayed flag of a foreign country receives identical protection.
Aggressive conduct would be a separate matter
The reader also claims that the homeowner reacted aggressively toward people who commented on the flag. We do not know the exact course of events, however, and cannot confirm this account.
Two issues must be distinguished. Displaying the Israeli flag on private property is, in principle, legal. Any threats, insult, violation of bodily integrity or disturbance of public order would instead be subject to a separate legal assessment, regardless of which flag was displayed on the building.
Article 51 of the Code of Petty Offences provides for liability, among other things, for disturbing the peace or public order through shouting, noise, an alarm or another disturbance. Mere agitation or an impolite reply does not necessarily constitute an offence, however. The specific conduct and its effects would have to be assessed.
Controversy alone does not mean the law has been broken
The actions of the Israeli authorities and the war in the Gaza Strip arouse strong emotions and political disputes. Residents have the right to criticise Israel's policies. The property owner, meanwhile, has the right to express support for Israel, solidarity with its residents or other views, provided that they do not exceed the limits set by law.
In the situation described, displaying the Israeli flag on a private home does not itself constitute a crime or petty offence and does not provide grounds for ordering its removal.
Legal basis and sources
Readers can consult the regulations and official documents themselves:
- Constitution of the Republic of Poland – Article 54, concerning freedom of expression and the dissemination of information:
text of the Constitution of the Republic of Poland in the Internet System of Legal Acts - Criminal Code – Article 256, concerning the public promotion of totalitarian systems, incitement to hatred and the dissemination of totalitarian symbolism:
current text of the Criminal Code in ISAP - Criminal Code – Article 137, concerning insulting, destroying, damaging or removing the national symbols of Poland and certain foreign states:
current text of the Criminal Code in ISAP - Code of Petty Offences – Article 51, concerning disturbing the peace and public order:
current text of the Code of Petty Offences in ISAP - Ministry of the Interior and Administration response to a parliamentary interpellation concerning the placement of foreign flags on buildings, stating that there are no regulations prohibiting such conduct:
response to the interpellation on the website of the Sejm of the Republic of Poland