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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, OGH) 2015 Austria / Supreme Court / 15Os75/15s
ECLI:AT:OGH0002:2015:RS0130193
Race/Ethnicity, Race/Ethnicity, Religion, Nationality, Gender, Migrant status Muslims, Migrants, Refugees & asylum seekers, EU citizens & nationals with migrant background, Third country nationals, Foreigners, Black people or of African origin, Other religious groups The Supreme Court has ruled on a case confirming the lower court sentence of 30 year old Turkish barber who had been sentenced to two years on probation for publishing antisemitic postings on Facebook. He had dignified the Holocaust and in the context of last years Gaza war he wrote "I could kill all Jews. But I 'd leave some alive to show you why I killed them" and said that Hitler "was the king of all real men and nobody achknowdlegded him". Taking into… View more
Austria Supreme Court (Oberster Gerichtshof) 2015 Austria / Supreme Court / 15Os40/15v
ECLI:AT:OGH0002:2015:0150OS00040.15V.0610.000
Race/Ethnicity, Race/Ethnicity, Religion Muslims, Foreigners, Migrants The case concerns online incitement to violence or hatred. The defendant alleged that every Muslim is a possible terrorist. He also stated "Let us finally wake up and remove this cancer from our people's body!". He also posted a comment on facebook stating that one has "to prevent the infiltration of primitive races, such as the Negro race and the Turks and Muslims. Moreover, he posted a world map indicating the average IQ - indicating 'mental retardation' of the… 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 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 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) 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 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) 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 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
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