FPÖ leader Herbert Kickl was initially right in seeking an injunction against the ORF at the Commercial Court. The reason for this was the term “the whole blue government gang”, which was used in an article of “ZiB-Magazine” from May 2022 entitled “Minister carousel continues to run”. Kickl was “unjustly accused of dishonorable conduct and his reputation as a politician was damaged,” the verdict said.
The ORF can appeal against the verdict. The article was broadcast on May 9, 2022 and discussed the numerous ministerial changes in Austria. The Liberal ministers and with them former Interior Minister Kickl were described as “government gangs”. The media authority KommAustria has already approved a complaint from the FPÖ. The ORF had violated the objectivity requirement, the authority’s decision said.
Commercial court sees insult as tribute
Kickl then sued the broadcaster for insult and credit damage and was now right in the first instance. The ORF must “immediately refrain from making and/or distributing the untrue content that the plaintiff was part of a government gang and/or from allegations of similar significance”.
The reason given in the judgment is: “In the overall context and with reference to the Ibiza affair, with which the plaintiff had nothing to do, the statement should be understood as accusing the plaintiff of being part of a criminal association. The plaintiff is falsely accused of dishonorable conduct and his reputation as a politician is damaged.” The ORF must reimburse Kickl for the costs of the procedure within 14 days.
Liberal media spokesman Christian Hafenecker welcomed the verdict: “Freedom of expression is a must – but in this case the ORF has clearly crossed the boundaries of criminal criticism of a politician. Also at ORF, the court assumed that there was a risk of recurrence and therefore the claim for interim relief was recognized.
‘To appeal would be self-incrimination’
If the ORF appeals the verdict, “that means no more than that it apparently intends to continue to violate the law of objectivity going forward,” Hafenecker said, “That would amount to self-incrimination.”
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
