The Supreme Court has made a remarkable ruling about a police officer who became the victim of a shitstorm on the internet after a Corona demonstration in 2022. A man posted a photo of the official on Facebook and accused him of abuse of office. Now the user must pay damages of 3,000 euros.
The police officer was on duty at a demonstration against the Covid-19 measures in Tyrol in February 2021 and was photographed or filmed. He was accused of knocking an 82-year-old man to the ground, arresting him and interrogating him for hours. ‘Let that policeman’s face go around the world. (…) This police officer is guilty,” said the Facebook post, which was shared at least hundreds of times. According to the court’s findings, the officer was able to locate 406 people.
The police officer did not participate in official acts
In fact, the police officer pictured was merely a member of a police cordon and did not even take part in the official action against the 82-year-old. The person concerned sued several Facebook users who had not checked the original post for veracity under their real names, had shared it and made derogatory comments about him personally. The officer found the accusation that he had used police violence derogatory and shameful, because he had to answer to friends and even a superior.
The user accused in this case had the post on his Facebook page for six days, after which he was charged by the police with non-pecuniary damage. The lower courts initially only awarded the official 450 euros, but the Supreme Court partially followed an appeal he filed. He was awarded the entire claimed 3,000 euros.
Sharing the costs is the responsibility of the tortfeasor
The inability to explain the causal link of individual consequences and the indivisibility of the damage associated with a shitstorm must be borne by the perpetrators ‘with the consequence that the victim can legitimately demand compensation for the entire damage through of joint liability of only one of them. .” the OGH in its reasons for the judgment.
In other words, participating in a shitstorm could be expensive in the future. Because anyone who participates in online hate should expect that they will have to pay the total damage claimed by the victim in advance and then arrange for the distribution among the other perpetrators themselves.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
