Masking law: is wearing masks actually forbidden?

Anyone who covers their face in public places may be committing an administrative offense and could be punished – even severely. Threaten up to 150 euros. Because the Anti-Face Covering Act, which came into force in 2017, stipulates that covering or hiding facial features in public areas is prohibited or punishable if it makes it impossible to recognize the person in question. After the mask requirement also fell in the federal capital on March 1, there is now a heated discussion there as to whether wearing an FFP2 mask from now on does not violate this masking law.

Even if the thought is understandable: Wearing a medically necessary mask was already an exception before the pandemic, and all reasons other than those regulated in the exceptions were also punished during this time. Because the law was never out of force. Statistically, however, reports of violations of the ban on wearing masks are hardly relevant anyway, according to the Ministry of the Interior for the OÖ Nachrichten.

“No one needs to fear punishment”

Even if the reasons for wearing a medical mask should be appropriate to the situation: no one who decides to do so for health reasons needs to fear punishment. A certificate is not required. The legal matter is extremely complex. A decree is currently being drafted to regulate legal uncertainties, especially in the post-corona period. Among other things, it should also specify under which circumstances covering the face with a mask should be punishable and when not.

According to the Ministry of the Interior, this is necessary, among other things, with regard to the police procedure during demonstrations. The fundamental right to freedom of assembly and the right to take responsibility for protecting one’s health with a medical mask when participating must be preserved. Police officers, like the population, need security of action. They are working on a “proportionate solution”. The draft decree should be available shortly.