Lawsuit for Compensation After Reports of Abused Teacher in Vienna Dismissed
On Monday, the trial of a teacher whose fate was the subject of media coverage last spring begins at the Vienna Regional Court. Seven boys aged between 14 and 17 have to answer for a multitude of crimes - including rape and serious extortion - at the expense of the victim. In connection with the media reports from the spring, the regional court made a remarkable decision last Tuesday.
A media law lawsuit by the victim for compensation was dismissed in the first instance. The teacher claimed that a medium had revealed her identity by publishing her age, one of her teaching subjects, and hints about the residences of the accused. She was approached by her godfather about the incriminated article, and an acquaintance had inquired with her mother, the teacher, who was questioned as a witness in the trial, recounted.
First Court: Teacher's Legitimate Interests Not Violated
For the judge, the incriminated article did not violate the teacher's legitimate interests. In her view, the information about the age and the teaching subject was not suitable to provide decisive clues to a group of people not directly informed about the identity of the victim. The protection against the disclosure of their identity guaranteed under media law for victims of an act threatened with judicial punishment was not violated according to the first court. This was partly due to research conducted by the court with the education directorate, which was discussed in the trial. According to this, in the district where part of the accused are registered, there are 20 teachers of approximately the same age and three of exactly the same age as the victim, who teach the subject mentioned in the media report in question. Consequently, the victim was not recognizable to a larger group of people not directly informed solely from the published personal data, the judge found.
The decision is not final. The teacher's legal representative filed a full appeal against it. Thus, the Higher Regional Court (OLG) Vienna must deal with the media law case in the second instance.
(APA/Red)
This article has been automatically translated, read the original article here.