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LIVING IN AUSTRIA

Why internet users in Austria need to be aware of new ‘shitstorm’ ruling

'Shitstorm' is a ubiquitous Anglicism used in Austria referring to public, online and broad harassment people sometimes suffer. And now the country's supreme court is cracking down on perpetrators.

Published: 14 June 2024 09:02 CEST
Why internet users in Austria need to be aware of new 'shitstorm' ruling
'Shitstorm' is sometimes seen as online bullying or harassment in Austria. Image by Pixabay.

The word “shitstorm” officially arrived in German dictionaries more than ten years ago,

Its meaning is different from the English version, which according to the Oxford dictionary is used to a describe “a situation marked by violent controversy”.

However in German the Duden Dictionary explains it as a “storm of indignation in an internet communication medium, sometimes accompanied by insulting statements”.

The word is back on Austrian media after a controversial decision of Austria’s Supreme Court, which decided to crack down on instances of online harassment. According to the decision, simply participating in a “shitstorm” can cost an individual plenty. 

According to the court’s decision, it’s sufficient for a victim of a “shitstorm” to identify one person involved. You can “then assert a claim against this person for the entire immaterial damage that the person has suffered as a result of the ‘shitstorm’ “, media lawyer Maria Windhager told broadcaster ORF. 

READ ALSO: Four reasons Austria is great for women and four reasons why it isn’t

The Supreme Court’s decision means that those who spread hate and fake news online must also accept that they can be prosecuted for it. 

Police officer vilified online

Austria’s highest court dealt with the specific case of a police officer photographed and filmed as he worked in one of the 2021 demonstrations against COVID-19 measures. In a Facebook post, his image was shared with the false accusation that he pulled an 82-year-old man to the ground before arresting and interrogating him. 

According to the police officer, the post had many unpleasant consequences for him. He, his sister, and his mother had been asked about it many times, and even his former post commander had confronted him about it, the report stated. 

He was able to identify several people who shared the post and was able to bring one to court. In an initial trial, the court only awarded him a small portion of the €3,000 compensation he had demanded. 

Austria’s Supreme Court, however, awarded the man a total €3,000. In its reasoning, the Supreme Court stated that a “shitstorm” is defined precisely by the fact that many people participate in it. At the same time, the Supreme Court disagreed with the argument that this makes the individual act of every participant less significant. 

READ ALSO: What to do if you experience online abuse in Austria

Such an argument would have the consequence that the more people who take part in a shitstorm, the “less liable” everyone would be.

“The effect of a shitstorm is all the more violent, the more people participate in it”, according to the Supreme Court. With this, the court said those affected by a “shitstorm” could claim the total damage from a single perpetrator. 

Lawyer Windhager said: “I do believe that the ruling will shake people up and make them think a little more carefully about what they post and, above all, what they share”.

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For members

RENTING

Am I allowed to sublet my rental apartment in Austria?

If you are a renter and want to rent out your apartment or get someone to rent a spare room, you need to know the Austrian laws first.

Published: 19 June 2024 10:05 CEST
Updated: 22 June 2024 09:16 CEST
Am I allowed to sublet my rental apartment in Austria?

With the cost of living on the rise and housing demand increasing, subletting has become an attractive option for many tenants in Austria. It can help offset rental costs or generate extra income. However, it’s important to consider the legal implications and potential risks before proceeding.

Firstly, Austrian law defines a main tenancy when the owner rents a house or flat. If the primary tenant sublets a flat or living space, this constitutes a sublease, according to the definition by the state-backed organisation MieterHilfe.

An entire flat can be sublet or just a part of it (such as a room for sole use, including shared use of the kitchen, bathroom, and toilet).

READ ALSO: The vocab you need to understand apartment ads

Can I sublet the property I rent?

It depends on many factors. Firstly, though, the Tenancy Act, the set of rules that guides every rental agreement in Austria, explicitly does not allow a main tenant to sublet the entire rental property on a permanent basis without the landlord’s permission.

This means that if you want to move out of the place you are renting and then sublet it to someone else, the main tenancy agreement can be terminated. The grounds for termination exist even if the main tenant passes on the rental property in its entirety free of charge unless the rental property has been passed on to close relatives of the main tenant who have already lived there with them.

So, if you are the main tenant in an apartment living with a roommate who sublets, it’s recommended that you make the necessary changes to the rental contract if you leave the place. You should then ask the person who is staying there to be the new main tenant. 

In Austria, rental agreements often include specific points detailing the types of subletting that are allowed—and usually prohibiting subletting the entire place. 

READ ALSO: Is it better to rent or buy in Austria right now?

What if my rental contract doesn’t specify the rules?

If your contract does not include a clause on subletting, the rules that apply are those in the Tenancy Act.

As mentioned, the complete subletting of the rental property – with you effectively and permanently moving out – constitutes grounds for termination of the rental agreement. 

However, there’s an exception: “The reason for termination is only not given if the main tenant is only temporarily absent (e.g. a one-year stay abroad for training purposes) and it is clear from the outset that the main tenant will be living in the rented property again regularly in the foreseeable future.”

Partial subletting, such as renting out a room, is generally permitted. The property owner can only forbid it in cases where their “important interests are violated.” MieterHilfe mentions an example of the subtenant already known as someone with “unpleasant behaviour” or if there could be issues with overcrowding in the flat. 

READ ALSO: What happens when my rental contract expires in Austria?

There are also specific rules on how much rent can be charged for a sublease. In general, if one of two bedrooms is rented (with shared use of the remaining part of the flat), the main tenant can only charge a maximum of 75 percent of the rent and 50 percent of other rent “components”, such as Betriebskosten, or “operating costs”. 

There are stricter rules for those living in municipal housing and under certain provisions of the Tenancy Act, so it’s always worth consulting with renters’ associations or a lawyer if you have any questions or specifics you’d like to discuss. 

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