From chats etc.

Dispute over quoting ban: why the Greens are blocking it

Quoting verbatim from chats and the like: ÖVP Minister Karoline Edtstadler wants to ban it and is experiencing a lot of headwind, but also support. The coalition partner, however, remains firmly opposed.

Karoline Edtstadler does not have it easy. The ÖVP constitutional minister is facing intense criticism from the media and political opponents. Edstadler wants to push through the so-called "ban on quoting" from ongoing investigation files. Journalists fear a restriction of press freedom.

Edtstadler tries to calibrate
This week there was a background discussion with Edtstadler with numerous representatives of important media. The minister tried to de-escalate and calm things down. It was suboptimal. However, she is sticking to her guns. In terms of the rights of the accused, against "suspicion reporting" and prejudgement.

Already legendary sentences such as "You get everything you want anyway" or "You are the whore of the rich" would then no longer astonish the public. Edtstadler, on the other hand, wants to protect personal rights. Human rights. 

No headlines, no facsimiles from partly private chats in order to "follow the call of the street". Above all, entire files should not end up on platforms on the Internet. I don't think anyone disagrees with that. Instead, the ÖVP wants the German model. A ban on quoting, yes, but content may be transported. 

Support for the minister
But why are the Greens, who are otherwise so strict about upholding human rights, so opposed to the rewriting of content? Justice Minister Alma Zadic's ministry is once again saying that they are concerned about press freedom when it comes to the ban on quoting. "The ban will certainly not happen with the Greens." 

Alma Zadic's Ministry of Justice rejects the ban on quotations.(Bild: APA/Eva Manhart)

In contrast to others in his guild, celebrity lawyer Manfred Ainedter is absolutely with Karoline Edtstadler. "You can write about a story, but you can't facsimile it or quote it verbatim. No matter how much some journalists shout. That violates the presumption of innocence. And that has to be paramount." Investigation proceedings are not public. If the files keep leaking out, a ban on quoting would be the least that could be done. The German model would also be the right one for Ainedter. "We need a clear regulation."

Negotiations next week
Norbert Wess, a defense lawyer in clamorous cases (i.e. cases that have attracted a lot of media attention) such as Buwog or now Benko/Signa, also warns against media prejudgement. He would locate the problem in media law. Tougher penalties for breaches of personal and sensitive content and data. In other words, higher penalties. Ainedter: "A good approach. Nevertheless, I stand by it. There needs to be a ban on citing ongoing investigations."

This is unlikely to happen any time soon. The ÖVP is moving away from linking the citation ban with the repair of the "media privilege" ordered by the Constitutional Court by July 1. It is a matter of editorial secrecy and protection of sources in compliance with data protection. There will be further negotiations on this next week. The governing parties are optimistic that an agreement will at least be reached here.