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Fake Letters: Supreme Court Sees FPÖ in the Right

Auf Seiten der FPÖ war von einem "Sieg für die Glaubwürdigkeit in der politischen Auseinandersetzung" die Rede.
Auf Seiten der FPÖ war von einem "Sieg für die Glaubwürdigkeit in der politischen Auseinandersetzung" die Rede. ©APA/EVA MANHART (Symbolbild)
The Supreme Court (OGH) has sided with Lower Austria's FPÖ in the legal tug-of-war with the satire platform "Tagespresse" over fake letters sent to taverns.

It was determined that the "Tagespresse" committed a misleading and unlawful publication through "deliberate deception and use of the FPÖ logo and name rights." The "Tagespresse" incurs costs amounting to approximately 103,000 euros.

Letters to Taverns

The trigger for the legal dispute was letters sent in April 2023 in the name and with the logo of the FPÖ to 500 taverns in Lower Austria. These letters mocked the "tavern bonus" promoted by the Freedom Party. They mentioned a newly created "Department for the Promotion of Patriotic Food Culture." As a criterion for assessing whether the establishment was eligible for the tavern bonus, a "breading quota" and a "red-white-red children's menu" were suggested, which could include an "Andreas Hofer schnitzel" or a "Gabalier meatball."

Initially, the "Tagespresse" won against the FPÖ, and a lawsuit by the Freedom Party for an injunction and judgment publication was dismissed by the Commercial Court of Vienna in March of the previous year. The Higher Regional Court (OLG) Vienna confirmed this judgment in September 2024 and dismissed the FPÖ's appeal. The Freedom Party filed an extraordinary appeal and has now, according to their own statements, been granted "right in all points" by the OGH.

The "Tagespresse" is prohibited from drafting, distributing, and/or publishing false writings in the name of the FPÖ Lower Austria - even through the use of the party logo. The costs for publishing the final judgment in the print editions of the "NÖN" and the "Bezirksblätter" are to be borne by the "Tagespresse," and they must also reimburse the FPÖ's legal costs.

Tagespresse Chief: "Financial Blow"

According to the "Tagespresse", the satire platform incurs costs amounting to approximately 103,000 euros. These consist of around 26,000 euros in legal costs to be reimbursed to the FPÖ, approximately 14,500 euros already transferred by the FPÖ to the "Tagespresse" and now reclaimable, and advertising costs amounting to about 63,000 euros.

In a statement to the APA, "Tagespresse" chief Fritz Jergitsch noted that the verdict is "not existentially threatening, but of course a financial blow." He mentioned that it is "rather unusual" for the Supreme Court to order full-page advertisements for the publication of the verdict. They are now considering taking the case to the European Court of Human Rights (ECHR).

"Tagespresse" Reaction Online

Online, the "Tagespresse" has already responded to the verdict with a message. "At least: The record for the most expensive joke of the Second Republic will not be taken from us," it stated. The satire platform also responded with criticism of the FPÖ: The party wants to destroy the old and build new - their own and party-affiliated channels. "The dashing used car dealer with a scar on Auf1 and the unvaccinated Bach flower shaman on InfoDirekt, together with the independent channel FPÖ-TV, form the future," according to the "Tagespresse".

Alexander Murlasits, state party secretary of the FPÖ, saw a "victory for credibility in political discourse": "Even a satire medium cannot simply spread falsehoods under the guise of satire and, as in this case, deceive innkeepers." The Freedom Party would "continue to take action against fake news, fake letters, and various false reports in the future to ensure that political debates are conducted on an honest basis."

(APA/Red)

This article has been automatically translated, read the original article here.

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