On September 6, 2024, the satire group “Die Tagespresse” will distribute thousands of “Heisl” magazines throughout Vienna, which are modeled on the renowned investigative platform “Heute”. The venerable media company is vilified as a piece of trash. Hundreds of lawyers are already menacingly sharpening their pens. A legal duel between the media giants is looming.
The inbox is updated again and again in the daily press editorial team, but nothing happens. Not even a restraining order. At least a severed horse head in front of the office door? None!
Today’s anger is not directed against the all-powerful Die Tagespresse Satireproduktion und Liuenfabrikation Holding AG, but – in true tabloid style – against someone weaker.
The free newspaper apparently can’t sue us because its lawyers are already busy destroying a pensioner’s existence.
What happened?
On August 8, 2024, Viennese pensioner Günther R. came across a tweet. In it, a user complains about the highly serious journalism of “Heute”, which is simply fulfilling its journalistic duty and turning itself into an uncritical FPÖ mouthpiece in the election campaign: the minimum security, as the investigative medium quotes the Viennese FPÖ boss Dominik Nepp, is nothing else as “protection money so that asylum seekers don’t dismantle the city”. Quality journalism with which there is actually nothing wrong.
Günther R. allows himself to be carried away with thoughtless comments on X. In an answer, he describes “Heute” as a “shit sheet”, editor-in-chief Clemens Oistric as a lapdog, namely as “Rattler, who dutifully fetches Ms. Dichand” and Eva Dichand as “revenge hex”. Not a fine blade. But comments that should normally bounce off successful media makers and corporations.
But the pensioner is being sued. Today’s magazine stirs up hatred for months, and then you sue a reader just because the hatred finds fertile ground? If R. loses all lawsuits, he could face payments of around 20,000 euros and financial ruin.
The perfect victim
Günther R. is the perfect victim for today, a lightning rod of aggression who gets everything that the shitty newspaper with its lapdog editorial team probably didn’t dare to do against the daily press. And the senior’s profile, whose reply tweet reached just 183 people, doesn’t look like he has the resources necessary to defend himself against a SLAPP lawsuit. The perfect victim.
SLAPP stands for “Strategic Lawsuits against Public Participation”. It seems that R. will probably stop saying shit sheet to shit sheet soon…
“Heute” brings out the big guns against the easy opponent: It brings not one, not two, but three lawsuits against Günther R.:
- The first lawsuit comes from editor-in-chief Clemens Oistric. He doesn’t want to accept the outrageous accusation of being a “retrieval dog” from his superior Eva Dichand, and dutifully relays the tweet to Eva Dichand’s lawyer, who immediately files a lawsuit and rewards Oistric with a treat.
- The second lawsuit comes from AHVV-Verlag, which owns the “Heute” newspaper. The company feels insulted.
Günther R. does not want to fight these two lawsuits for financial reasons and has a default judgment issued (a judgment without a trial, note). He must publish revocations and pay 2,500 euros in opposing costs per lawsuit.
But taking a few thousand euros from a pensioner isn’t enough for millionaire Dichand. In order to set an example, you also need a bit of criminal law.
- The third lawsuit is a private criminal lawsuit brought by Eva Dichand on behalf of AHVV-Verlag because of Section 115 of the Criminal Code: Insult. An offense punishable by up to three months in prison.
(Dichand doesn’t want to sue against being called a “vengeance hex” – Dichand’s lawyer lets that pass.)
For R.’s family, the lawsuits are the next shock in a difficult time. Because just a few weeks earlier, Günther R.’s 37-year-old son died suddenly and unexpectedly. The “debate” about social welfare initiated by “Heute” upset Günther R., as his son was repeatedly dependent on social benefits for health reasons.
His other son Paul turns directly to Clemens Oistric. He asks for leniency in a private message and explains the situation surrounding his deceased brother, but is ignored. Dichand, Oistric and AHVV-Verlag also do not respond to comparison offers. They want to fight through this and apparently make the matter as expensive as possible for Günther R.
A quick look on the Internet shows: The Austrian Internet between X and Standard-Forum is full of people who call “Today” a shit paper.
Why was Günther R. of all people sued and not the daily press or other users with more reach? Isn’t the term “shit” just a subjective expression of opinion? Why is a newspaper that insults asylum seekers and climate activists every day so easily offended itself?
Eva Dichand and Clemens Oistric did not want to comment on this when asked. Maybe they will do that on November 7th, the first trial date.
The daily press Satire Production and Lien Fabrication Holding AG is starting crowdfunding for Günther R. We want to collect EUR 20,000 to cover the expected legal costs. If R. is acquitted in the criminal proceedings, he will donate the remaining sum to SOS Mitmensch.
***UPDATE*** Donation goal reached! On behalf of Günther R. we would like to thank all supporters
2024-10-29 11:07:00