Rector of the University of Klagenfurt sued “plagiarism hunter” Weber: trial

The content of the lawsuit revolves around statements made by Weber in his blog in January 2024, which concern the dismissal of two German university professors in Klagenfurt.

The plagiarism hunter had also made allegations against the former editor-in-chief of the “Standard”: Right-wing populist portal financed report on journalist Föderl-Schmid

As the university rector explained in today’s “Kleine Zeitung”, Weber had “published a barrage of untruths and accusations. That is unacceptable”. In the blog, Weber had questioned whether these dismissals without notice were primarily a “demonstration of power” by the rector. “These allegations are false,” says the lawsuit filed by Vitouch’s lawyer Maria Windhager. Another formulation in Weber’s blog suggests the accusation of potentially criminal conduct.

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The lawyer explained at the trial, which was presided over by Judge Peter Egger, that some passages in the blog post from January 5, which is still available, are particularly relevant. This concerns Weber’s statements that the rector had “ruined the two scientists for life”, that they are still struggling with the long-term effects and will never be able to get a foothold in science again. Weber wrote that both women stated that they had been persistently followed by Vitouch for years. Even the smallest discrepancies in the statements were criticized.

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The dismissals of the two university professors occurred several years ago (2015 and 2017, note), and the two disputes were settled in court in one case and out of court in the other, Windhager stated. In the context of the blog, the impression is given that targeted action is being taken against the rector, “in blatantly hostile language.” The blog is related to the hearing for the rector position at the University of Klagenfurt, which took place on January 15, 2024.

Vitouch has been Rector at the University of Klagenfurt since 2012 and is currently President of the Austrian University Conference. Although he was in the university senate’s unranked three-person proposal, the rector of the German distance learning university Hagen, Ada Pellert, was unanimously elected as the new rector. According to his own information, Vitouch will be in office until October 28, 2024.

“Duty of care violated”

As his lawyer explained to the judge, Weber violated his journalistic duty of care in the blog because he did not give the rector the opportunity to comment. She sees the offense of defamation clearly fulfilled. Weber’s lawyer Georg Zechbauer replied that the offense had not been carried out. Weber is known for criticizing grievances at universities. In the case at the University of Klagenfurt, he is concerned that there were double standards. He criticized in his blog that “a proven plagiarist is apparently being tolerated at the university for another year, while two colleagues were dismissed without notice for social misconduct in the form of insults.”

Weber’s text did not reveal any course of action that would constitute a criminal offense, the lawyer stated. The rector had not been accused of any criminal offense. The fact that the two professors suffered serious consequences as a result of their dismissal, that they were ruined professionally and physically, “that is all true.” Weber himself said of the allegations in the lawsuit that he saw the blog as a kind of “whistleblower platform.” He took the criticism that he had not complied with journalistic due diligence on his own shoulders. “Different rules apply in my blog.”

The legal situation allowed the two professors to be dismissed, said the defendant. However, the language in his blog was not hostile. He also saw no connection between the blog and the rector’s hearing, even if he could not provide proof of the truth. His statement that the two women had been “financially, reputationally, mentally and physically ruined for life by Vitouch” was a tabloid-like exaggeration, Weber told the judge. He admitted, however, that it might have been better if he had left out the rector’s name. The article about Vitouch was not a payment order, it was based on his “own interest”.

“Amazed by the intensity”

In his testimony, Vitouch said that he was very astonished by the intensity and passion that Weber demonstrated. “It was and is Weber’s interest to damage my reputation.” The series of blog posts was not made by chance in January, at the time of the hearing, “I think that is a bold claim.” The rector found in the blog “far-fetched defamations, “there is poison and bile being spewed.” The choice of words “ruined for a lifetime” already implies an intention to harm. “In my opinion, this is a perpetrator-victim reversal, as it is written in the book.” He is a humanist person with integrity and is not inclined to demonstrate power.

The rector explained that the dismissals of the two professors were about bullying and bossing. “It’s about bullying of employees and students, it’s about the exercise of psychological violence, people have been massively frightened.” There were massive protests from employees and students, and almost a dozen people contacted the works council. “There was already an occupational health problem. I was forced to give notice of dismissal.”

The lawsuit, worth 11,000 euros, is based on Section 6 of the Austrian Media Act. The trial was adjourned in the evening for further witness interviews.