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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 Vienna Court of Appeal (Oberlandesgericht Wien) 2017 Austria / Higher Regional Court Vienna / 17 Bs 295/17g Religion Muslims A person shared a photo of Muslim man and a sheep herd on Facebook and commented the photo with "72 virgins only for you; ElitePartner academics & singles with high standards; Syria edition." View more
Austria Higher Regional Court (Oberlandesgericht) 2013 Austria / Higher Regional Court Innsbruck/ 11Bs110/13h
ECLI:AT:OLG0819:2013:0110BS00110.13H.0430.000
Race/Ethnicity Foreigners, Muslims, Migrants The case concerns online incitement to violence or hatred. More concretely, on 25 April 2012 the defendant made comments on facebook and other social media networks as follows [roughly translated:] "Why are there no sperm donors in Turkey? Because all the jerks are here with us." 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
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 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 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 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 European Court of Human Rights 2019 Austria / European Court of Human Rights / E.S. v. Austria (Application no. 38450/12) Religion Muslims E.S. held several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute. Several statements she had made during these (public) seminars had been directed against the doctrines of Islam, which essentially conveyed the message that Muhammad had had paedophilic tendencies. She was convicted of disparaging religious doctrines, pursuant to § 188 of the Criminal Code. The Austrian Courts found her guilty of publicly disparaging an object of veneration of a… View more
Austria Austrian Press Council (Österreichischer Presserat) 2022 Austria / Austrian Press Council (Österreichischer Presserat) / 2020/318 Migrant status Muslims An article published in the daily newspaper "OE24" on 20 September 2022 reported that on Saturday evening migrants had danced to oriental music in the inner city of Vienna. According to the article, the migrants had danced to oriental music and videos had gone viral on TikTok. Police were again not present at the scene and the reason for the gathering was unclear. Attached to the post is a photo of the men dancing, and the accompanying text reads: "Pack meeting in the pedestrian… View more
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