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Austria Vienna Court of Appeal (Oberlandesgericht Wien) 2017 Austria / Higher Regional Court Vienna / 17 Bs 295/17g Religion Muslims A person shared a photo on Facebook featuring a piglet ready to be eaten with the following text in the style of a Christian prayer: "Dear Allah, be our guest, and bless the pig that you have given us. Enjoy it with dumplings and kraut, and do not forget the crisp skin. And add a wheat beer, then the Muslim is upset!" The user also added the comment: "Thank you God, for what you have brought to us!" View more
Austria Vienna Court of Appeal (Oberlandesgericht Wien) 2018 Austria / Higher Regional Court Vienna / 18 Bs 339/18m Religion, Migrant status Muslims, Refugees & asylum seekers A women posted several statements her two Facebook profiles over a two-month period: She called refugees "human garbage" as well "deranged, criminal, escaped murderers". She called Muslims "human shit " and commented that "these children are programmed to hate from an early age on. To kill. Muslims can do nothing else. " In response to the birth of the Viennese New Year's Baby 2018 she posted: "We do not want asshole Muslim children.[...] Keep… View more
Austria Regional Court (Landesgericht) 2017 Austria / Regional Court Korneuburg / 505 Hv 109/16y Nationality Refugees & asylum seekers The defendant posted on several facebook pages the following: "Adolf Hitler needed to be alive and instead of killing innocent Jews, he should put all asylum seekers into a large hall and burn them alive." In addition, in response to an online newspaper article referring to 45 refugees being abandoned on the motorway, he posted a comment stating: "Away with the muck!!!!!". View more
Austria Regional Court (Landesgericht) 2016 Austria / Regional Court Salzburg / 47 Hv 73/16k Nationality Refugees & asylum seekers The case concerns online incitement to hatred and violence. The defendant commented on a video on Facebook by stating [roughly translated:] "A storm gun and some magazines solve these problems in seconds. I do not understand why the genetic special waste is not being fired at immediately". View more
Austria Regional Court (Landesgericht) 2016 Austria / Regional Court Vienna / 112 Hv 66/16w Nationality Refugees & asylum seekers The defendant was found guilty for posting a comment on Facebook (referring to sexual assaults committed by asylum seekers against women and girls) [roughly translated]: "We need a little Breivick who snipes away such bastards[.] they come out of prison after 8-9 months and take the next girl or boy[.] this must not be supported with food or a warm room by tax money].] and deporting and then he comes back" View more
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 14 Os 9/17f

ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000

Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k
Nationality Refugees & asylum seekers The case concerns online incitement to hatred and violence. The defendant posted the following on Facebook [roughly translated:] "No sending back. You can open Mauthausen[.] having a little showering or dragging rocks at the death stairs[.] there are some fine things one can do there @ lowlives" and "Negro = target[.] we could shoot them a little with softguns © haha". View more
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os129/17k (15Os130/17g) / ECLI:AT:OGH0002:2017:RS0131770 Religion Muslims The case concerns online incitement to hatred and violence. In 2016, C. K. posted a publicly accessible picture on Facebook showing a flock of sheep and several dark-skinned people. The picture was headlined "Swinger-Club for Muslims" and the subtitle was "A new point of contact for this perverse sodomy Islamist rabble". The Regional Court convicted C. K. for incitement to hatred. In this context, the competent Regional Court and later on also a Higher Regional Court did not… View more
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os25/17s
ECLI:AT:OGH0002:2017:0150OS00025.17S.0405.000
Race/Ethnicity Refugees & asylum seekers The case concerns online incitement to hatred and violence. More concretely, the defendant (J.H.) was indicted for posting an image on Facebook showing two snipers lying in a trench with machine guns, with the caption "The fastest asylum procedure in Germany ... rejects up to 1,400 requests per minute". View more
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os25/17s ECLI:AT:OGH0002:2017:0150OS00025.17S.0405.000 Migrant status Refugees & asylum seekers The case concerns online incitement to hatred and violence. More concretely, the defendant (J.H.) was indicted for posting an image on Facebook showing two snipers lying in a trench with machine guns, with the caption "The fastest asylum procedure in Germany ... rejects up to 1,400 requests per minute". View more
Austria Supreme Court (Oberster Gerichtshof) 2018 Austria / Supreme Court / 15Os33/18v ECLI:AT:OGH0002:2018:RS0132087 Religion, Migrant status Muslims, Refugees & asylum seekers The case concerns online incitement to hatred and violence. From March to July 2016, H. F. posted several statements against persons seeking international protection and persons who follow the Islamic faith on Facebook. These comments included prejudice, slander and verbal abuse and were visible for at least 1.094 Facebook users. The public prosecutor's office discontinued the investigation proceedings against him, because the statemetns would not amount to incitement to hatred according… View more
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