"Song of Loyalty" at Funeral: According to OLG Vienna, No Violation by "Standard" Against Gudenus

The former FPÖ politician had sued the media company for defamation. It was alleged that he had sung the song, which was also used by the Waffen-SS, there. The OLG has now determined that he and other politicians were merely criticized for not leaving the ceremony while the song was being sung.

As early as July, the OLG Vienna had overturned a first-instance judgment and declared the reporting at that time to be permissible, reported the "Standard". Now the last media law proceeding in this case has also been concluded. The OLG Vienna on Thursday dismissed Gudenus's applications, thus overturning a first-instance judgment from the end of April. Gudenus did not comment on the decision when asked by APA, as he said the judgment had not yet been delivered to him.

OLG Vienna ruled in favor of "Standard" against Gudenus

According to the "Standard", the OLG has now clarified that neither Gudenus nor the other FPÖ politicians - including Martin Graf, Harald Stefan, and Norbert Nemeth - were alleged to have sung the song, but rather that they did not leave the ceremony while it was being sung. However, at a funeral, this is delicate, the court said. There is a risk of being considered disrespectful or being criticized for silent acceptance. The mourners found themselves in a "dilemma" because a funeral is not a party event.

Thus, the Senate followed the OLG decision from July, which concerned the applications of Graf, Nemeth, and Stefan. At that time, the court argued similarly.

(APA/Red)

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