Court case for offence to John-Paul II
In 2002, Urban was charged with offence against the head of the Vatican state, Pope John Paul II, due to the publication in Nie of the article "Obwoźne sado-maso" (House-to-house sado-masochism); the article was published prior to a pilgrimage to Poland by the Pope. Among allegedly offensive terms used by Urban were "sędziwy bożek" (old worship idol), "gasnący starzec" ("fading old man") and "Breżniew Watykanu" (Brezhnev of the Vatican).
The Youth Forum of the political party PiS and the Media Ethics Council took him to court. In court, Magdalena Bajer, the leader of the Media Ethics Council, testified as a witness that Urban "brutally mocked the suffering of a man who was a head of state". The court case was considered a precedent. Urban pleaded not guilty. During the case he declared: "Looking at the papal cult with the eye of an atheist is just as legal as the ecstasy of devotees."
Urban was defended by the International Press Institute in Vienna, expressing its concern that the court case against Urban was a form of censorship, as well as by Reporters Without Borders, who stated: "We are perfectly aware that criticising John Paul II is an absolute taboo in Poland, but this should not prevent the authorities from defending legal principles related to freedom of the press in Europe (especially Article 10 of the European Convention on Human Rights, relating to freedom of speech)".
In turn, a specialist in church law, priest Prof. Florian Lempa stated that Urban's action did not satisfy the definition of the crime, since a head of state is only protected when he is present on Polish territory, and the article was published before the Pope arrived in Poland. Moreover, Urban "had the right to his point of view", and "satire is admissible". He added that the article was aimed at people who try to profit from the Pope, rather than at him personally.
The prosecutor asked for a sentence of ten months' imprisonment suspended over three years and a fine of 20 thousand zlotys (about €5,000). On 5 January 2005, the court convicted Urban and fined him 20,000 zlotys. The court argued, "Jerzy Urban intentionally caused a scandal by publishing an article about John Paul II at the moment when the Pope came to Poland". According to the court, the publication was a deliberate, tactical move as well as a measured provocation by Urban, since otherwise it would not have caused such a violent (popular) reaction and outrage. The court stressed that permitted criticism does not have to be pleasant, but it cannot be insulting. [citation needed]
After the court verdict, Urban stated that the sentence revealed the "clericalisation of justice". He added that he did not expect much from going through the appeals process, but he would go to the European Court of Human Rights if necessary.