Austria / Higher Regional Court Vienna / 18 Bs 339/18m




Austria / Higher Regional Court Vienna / 18 Bs 339/18m

View full Case



Decision/ruling/judgment date

Thursday, December 13, 2018

Crime type(s) concerned/related

Incitement to violence or hatred

Related hate bias motivation

Religion Migrant status

Groups affected

Muslims Refugees & Asylum seekers

Court/Body type

National court


Vienna Court of Appeal (Oberlandesgericht Wien)

Key facts of the case

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 yourself the fuck Islam with its parasitic minus-humans."

Main reasoning/argumentation

not publicly available

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

not publicly available

Results (sanctions, outcome) and key consequences or implications of the case

The Higher Regional Court found that this posting amounts to incitement to hatred according to § 283 of the Austrian Criminal Code.

Key quotation in original language and translated into English with reference details

not publicly available

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.