Comparison with Hitler: Kickl Won Again Against "Platform Austria" Association in Court

The case involved a video distributed via YouTube, in which Kickl was at least indirectly compared to Adolf Hitler due to his self-designation as "People's Chancellor", also using a photo. The Vienna Higher Regional Court has now dismissed an appeal by the association against a judgment of the Commercial Court, which had ordered the association to cease and desist and to pay damages.
The association, operated by Robert Luschnik - former federal manager of the Greens and NEOS and now club director of the Pink Party - had warned against Kickl in a video titled "Do you want this? Our Austria is in danger" before the last national elections. In the work, which was accessible via a link on YouTube, parallels were drawn between Adolf Hitler and Herbert Kickl. For example, a war scene from the Second World War was shown in black and white at the beginning. In red Gothic script, it read "Do you really want another People's Chancellor?". Subsequently, on a white background in blue script, "Project People's Chancellor" was displayed, with Kickl's face and shoulder area superimposed on these words.
Kickl won again against association: "People's Chancellor" not sufficient for National Socialism comparison
The Commercial Court concluded in its judgment, among other things, that the video undoubtedly "associated" Kickl with the Second World War, National Socialism, and Adolf Hitler. However, there was no justifiable reason for this based on Kickl's previous behavior, making the creation of such a mental connection defamatory, damaging to credit, and therefore to be refrained from. The fact that the FPÖ leader himself had used vocabulary also used by National Socialists ("People's Chancellor") was not sufficient to place him in a direct connection with the Second World War, National Socialism, Adolf Hitler, and thus mass murder, according to the Commercial Court.
The Higher Regional Court largely referred to the assessment of the first court in its reasoning. The association no longer has an ordinary legal remedy available, as a corresponding appeal was not admitted.
(APA/Red)
This article has been automatically translated, read the original article here.
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