“Slit eye virus”: VfGH rejected oe24.tv’s complaint

The broadcaster wanted to have a decision by the Federal Administrative Court in this matter overturned. In the program “Fellner! Live” on May 26, 2020, ex-BZÖ politician Stefan Petzner spoke of a “slit-eye virus” in connection with the corona pandemic. Petzner had blamed “the Chinese” and their government for the coronavirus outbreak. The Federal Administrative Court, following KommAustria, found that the video broadcast live and made available on the website “incited hatred based on race and nationality”, thereby violating the Audiovisual Media Services Act. Petzner himself was convicted of incitement at the Vienna Regional Criminal Court based on his statements.

No violation of the fundamental right to freedom of expression

The Constitutional Court did not recognize the Federal Administrative Court’s finding as a violation of the broadcaster’s fundamental right to freedom of expression, it was announced on Monday. It is the task of the mass media to make the opinions expressed in a democratic society publicly visible. Nevertheless, the media company bears a certain editorial responsibility, for example by relativizing expressions of opinion in the “overall concept of the program”. In the case in question, the moderator did not fulfill this responsibility, but rather motivated his studio guest to sharpen his statements. Accordingly, the assessment of the Federal Administrative Court is “constitutionally unobjectionable”.