The OGH ruled: – “Breaching the law” is permissible criticism of Nehammer

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Lawyer Wilfried Embacher, who described Chancellor Karl Nehammer (ÖVP) as a “lawbreaker”, has now been vindicated by the Supreme Court. This was ‘permissible criticism’, it was argued. Embacher represented a Georgian family that was deported in immigration proceedings in late January 2021.

Then-Interior Minister Nehammer blamed the situation on the mother of 12-year-old Tina, because she had ignored the authorities’ decisions and remained in Austria with her family. The deportation took place by chartered flight and had moved both politicians and the population, some of whom took to the streets in support of their families.

You can view the lawyer’s tweets about the case here.

Had to pay 1000 euros
Lawyer Wilfried Embacher represented the Georgian family in the immigration proceedings and described Nehammer as a “lawbreaker” in the media. The bar fined him 1,000 euros for this. The reason: Embacher had violated the honor and dignity of the class with his behavior.

The lawyer has appealed against this to the OGH as a disciplinary board. This was the final authority on the matter and now proved him right. “Lawbreakers” is “permissible criticism” and is protected by the “right to freedom of expression.” The criticism is not offensive.

Source: Krone

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