Austria / Higher Regional Court Vienna / 17 Bs 295/17g




Austria / Higher Regional Court Vienna / 17 Bs 295/17g

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Decision/ruling/judgment date

Thursday, October 19, 2017

Crime type(s) concerned/related

Hate speech

Related hate bias motivation


Groups affected


Court/Body type

National court


Vienna Court of Appeal (Oberlandesgericht Wien)

Key facts of the case

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!"

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 disparagement of religious doctrines pursuant to § 188 of the Austrian Criminal Code.

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

not publicly available

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