She demanded 8,000 euros
Heated debate over compensation for Lugner
The Baumeister widow is fighting back against online defamation with cease-and-desist letters and private lawsuits. Trolls are having to dig deep into their pockets. Too deep, according to some “Krone” readers. And former Vice-Chancellor Heinz-Christian Strache also secured a five-figure sum on Wednesday.
Not a week goes by without Simone Lugner’s lawyer facing off in various courtrooms against people who have insulted or humiliated his client online.
Labeled an “inheritance hunter”
This week, for example, it was an unemployed man from Lower Austria who had defamed Richard Lugner’s widow as a “gold digger” in a post. The 44-year-old sent him a cease-and-desist letter demanding he pay 8,000 euros in compensation plus reimbursement for legal fees. Because the man failed to comply, she sued him.
The man must now pay 2,000 euros for his thoughtless outburst, but avoided a criminal conviction and potential civil proceedings through a settlement reached during the trial.
The story sparked great interest among “Krone” readers, as evidenced by more than a thousand user comments—which could not be more controversial.
I also condemn the hateful posts, but the reaction should remain proportionate.
Kommentar eines Lesers
High sums incomprehensible to many
While many readers encourage Simone Lugner to defend herself against hate posters, there is also criticism. This mostly refers to the high compensation amounts she is demanding. “I also condemn the hate posts, but things should stay within reasonable limits,” notes one reader, pointing out that less compensation is awarded in cases of bodily injury, for example.
There is also a lack of understanding regarding the fact that such private lawsuits drain resources in the state courts. “It’s crazy what our courts have to deal with,” writes one user.
Tax-free and no reporting requirement
It’s interesting that the compensation obtained through cease-and-desist letters is tax-free and doesn’t have to be reported anywhere. So only Simone Lugner herself—and her lawyer Florian Höllwarth—know how often she has already successfully settled out of court.
But Simone Lugner is by no means the only one defending herself against insults and false claims under the Media Act. Former Vice-Chancellor Heinz-Christian Strache is also a regular in the local courts.
to pay 11,500 euros to StracheOn Wednesday, the Vienna Higher Regional Court upheld the ruling against oe24. The media group must pay the former FPÖ politician 11,500 euros for defamation. Shortly before the Vienna election, the outlet had claimed that Strache had enriched himself at his mother’s funeral by squandering money in Ibiza that he had allegedly obtained from investor Danny K. “Of course that’s not true,” says Strache’s lawyer Maximilian Donner-Reichstädter, who also secured the publication of the ruling.
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read the original article here.
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Mit freundlichen Grüßen
das krone.at-Team
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