Kickl won an injunction against the ORF

2023-09-02 05:23:00

FPÖ leader Herbert Kickl was right in the first instance with an action for an injunction against the ORF before the commercial court. The reason was the term “the whole blue government gang”, which was used in a “ZiB-Magazine” article in May 2022 entitled “Minister carousel keeps turning”. Kickl is “wrongly accused of dishonorable behavior and his reputation as a politician is damaged,” according to the judgment available to APA.

The ORF can appeal against the verdict. The article went on the air on May 9, 2022 and addressed the numerous ministerial changes in Austria. The liberal ministers and with them the former Interior Minister Kickl were described as “government gangs”. The media authority KommAustria has already approved a complaint by the FPÖ. The ORF had violated the objectivity requirement, it said in the decision of the authority.

Insult to Honor and Damage to Credit

Kickl then sued the broadcaster for insult to honor and credit damage and was now right in the first instance. The ORF must “refrain immediately from making and/or disseminating the untrue content claim that the plaintiff was part of a government gang and/or allegations of the same meaning”.

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 is to be understood in such a way that the plaintiff is accused of being part of a criminal connection the plaintiff is wrongly 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.

The free media spokesman Christian Hafenecker was pleased with the verdict: “Freedom of expression is a must – but in this case the ORF has clearly exceeded the limits of criminal criticism of a politician. The court also took it for granted that there was a risk of repetition at the ORF which is why the claim for injunctive relief was also recognized.” Hafenecker located a “resounding slap in the face for the supposedly independent ORF editorial team”.

If the ORF appeals against the verdict, “that means no more than that it is obviously planning to continue violating the law of objectivity in the future,” said Hafenecker: “That would be tantamount to self-accusation.”