Austria – The European Court Awards Compensation to a Journalist who Fights Antisemitism
On 15th November, 2007, the European Court on Human Rights exonerated the Austrian journalist Karl Feiffer of the charge of having "caused the suicide" of a German antisemite. The decision was handed down regarding a very complicated issue which included freedom of speech, slander and antisemitism. The Court decided in favor of the veteran journalist and determined that the Austrian courts had not defended Feiffer's good reputation. It decided that the Austrian Government must pay Feiffer 5,000 euros and a further 10,000 euros to cover court costs.
The European Court of Human Rights, which sits in Strasbourg, France, decided that the Austrian court had violated article 8 (the right to a private life) in the European Convention on Human Rights in that it "failed to preserve the balance between freedom of expression and the right of the plaintiff to protect his good reputation".
The course of events:
1995 – Professor Werner Fiefenberger, a German lecturer, published an antisemitic article; Feiffer published a reaction and was sued for slander.
1997-1998 – The courts rejected the suit and said that in his reaction to the article Feiffer had expressed a position supported by facts.
2000 – The Austrian General Prosecutor charged Fiefenberg with engaging in Nazi activity. A short time later, Fiefenberg committed suicide.
2000-2002 – An Austrian newspaper accused Feiffer of causing Fiefenberg's suicide. Feiffer sued the newspaper, but the court decided that he was "morally" responsible for the suicide.
2003 – Feiffer appealed to European Court of Human Rights against the Austrian court and the Austrian government.
2007 – The Court of Human Rights exonerates Feiffer and decides that Austria did not protect his good reputation. It determines that Austria pay Feiffer compensation and cover all court costs.
As mentioned above, on 15th November Feiffer won the case and said: "As if it weren't enough to suffer three years of delay of justice in the Austrian courts simply because I didn't believe that the Jews had declared war on Germany, seeing the judge wagging her finger at me and accusing me of being morally responsible for the suicide of was unbearable. The antisemitic journal Zur Zeit continues to be subsidized by the Austrian government".
Date: 15th November 2007
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