Sending images and memes with national socialist content can quickly lead to criminal liability in Austria. Even a careless click can have serious legal consequences. The Austrian Prohibition Act from 1947 is intended to prevent any form of National Socialist reactivation. Section 3g of the Prohibition Act is particularly relevant, as it prohibits any activity in the National Socialist spirit. This includes any positive reference to the objectives of the NSDAP. The penalty ranges from six months to five years imprisonment. If distributed to many recipients, the penalty can even be up to ten years. If the perpetrator or the act is particularly dangerous, the penalty can be increased to up to 20 years.
Definition of reactivation
The law defines re-activation as any act that is likely to spread the ideology of National Socialism or promote its objectives. This also includes the trivialization, denial or glorification of National Socialist crimes. It also includes sending cartoons, memes or other media related to National Socialism. Even if the perpetrator has no National Socialist convictions and shares the content "just for fun", they are liable to prosecution under the Prohibition Act.
Common forms of reactivation
A particularly common form of re-activation is the sending of images or memes relating to Adolf Hitler, the NSDAP or the Holocaust. This is often done via social networks such as WhatsApp, Facebook or Instagram. This content is often shared thoughtlessly and without malicious intent. Nevertheless, they have serious legal consequences.
Denial or trivialization of the Holocaust
Another central element of the Prohibition Act is Section 3h. This makes the denial or trivialization of the Holocaust a punishable offence. Anyone who publicly denies, trivializes or condones the National Socialist genocide or other crimes against humanity can be punished with a prison sentence of six months to five years. If the crime is committed via a medium that reaches many people, the sentence is one to ten years. It can be increased to up to 20 years if the offense is particularly dangerous.
Importance of a competent defense
Proceedings under the Prohibition Act are always conducted before a jury. They are therefore particularly complex and delicate. A competent defense by an experienced criminal defense lawyer is essential right from the start. This is the only way to minimize the legal risks and ensure a fair trial.
