„32. As to Mr Oberschlick’s article, it was published together with the speech in question and an article by a writer who was also reacting to what Mr Haider had said. In his article the applicant briefly explained, in some twenty lines, why Mr Haider’s remarks had prompted him to describe him as a Trottel rather than as a Nazi - mainly because in his speech Mr Haider had excluded himself from enjoying any freedom of opinion. 33. In the Court’s view, the applicant’s article, and in particular the word Trottel, may certainly be considered polemical, but they did not on that account constitute a gratuitous personal attack as the author provided an objectively understandable explanation for them derived from Mr Haider’s speech, which was itself provocative. As such they were part of the political discussion provoked by Mr Haider’s speech and amount to an opinion, whose truth is not susceptible of proof. Such an opinion may, however, be excessive, in particular in the absence of any factual basis, but in the light of the above considerations that was not so in this instance“ Urteilsbegründung des EGMR. Abgerufen am 1. März 2023.
derstandard.at
Theodor-Kramer-Preis 2022 an Meral Şimşek und Gerhard Oberschlick. In: Der Standard vom 1. Juni 2022 [1]
