Austria Extends Incitement-to-Hatred-Law to Sexual Orientation

Austria Extends Incitement-to-Hatred-Law to Sexual Orientation

 

RKL’s application to the European Court of Human Rights (ECHR) made an impact.

From 1 January 2012 after long struggle also lesbians, gays and bisexuals will be protected against incitement to hatred. The conservative coalition partner, VP, however also connected this progress to pinprick. The price for extending the offence was it's castration.

Up to now the Austrian Criminal Code has protected against incitement to hatred only ethnic and religious groups. Who denounced Mohammed as child molester got convicted. To write in a paper or to say in TV, for instance, that homosexuals should be detained or executed however was no offence. Rechtskomitee LAMBDA (RKL) took action against this lack of protection and

supported an application of eight lesbians and gays to the Constitutional Court (see http://www.rklambda.at/dokumente/news_2011/News-en_PA-110311-E-

Constitutional_Court.pdf). Before that, in spring 2010, the federal government had introduced a bill into federal parliament extending the offence to sexual orientation. But conservative MP’s exerted vigorousa opposition and the project failed. The Constitutional Court in December 2010 declared the application inadmissible. Noone, the 13 judges said, has the right to complain against privileges of another group (VfGH 15.12.2010, G 68, 69/10). So lesbians, gays and bisexuals even lack the right to complain against their lack of protection. The eight plaintiffs then, supported by RKL, in August 2011, applied to the European Court of Human Rights. And just two months later, in October 2011, federal parliament voted for the extension of the incitement-to-hatred law to sexual orientation.

Pinprick again and again

Like in 2002 with infamous Art. 209 and in 2009 with registered partnership applications to the European Court of Human Rights made an impact. Also anti-discrimination legislation for the workplace we got only due to an EU-directive.And it is not only in this respect that history repeats. 2002 infamous Art. 209 has been repealed but substituted in part with a new (gender-neutral) offence (Art. 207b). 2009 registered partnership has been enacted but only with more than 60 differences to marriage. Like back then also this time the incitred-to-hatred offence has been extended to sexual orientation (as to age, disability and sex) but at the same time the level of protection has been watered down. The federal government bill even had proposed to make the protection more effective and this proposal even passed the federal parliaments justice committee. The offence should protect not only groups but also their members. It was intended in future not only to outlaw to propagate „don’t buy from Jews“ but also „don’t buy from this one as he is a jew“. In the last moment however, in the final plenary vote, the governing coalition parties (social-democrat SP. and christian-conservative .VP) surprisingly massively watered down the law. They not only dropped the improvements already passed by the justice committee but even lowered protection down below the current level.

Incitement to hatred legalized to a large degree

Up to now incitement to hatred and calling names have been an offence if committed „in public“, what means recognizable for around 10 people. From 1 January 2012 the offence requires „broad public“, which is a mass of (uncounted) people. This is fulfilled if someone agitates in the internet or in a broadcast, but not in a pubs backroom and not even in a mass event if the public is not admitted to it. This not enough, the offence has been watered down even more. As of 1 January perpetrators can only be prosecuted if it can be established that he/she acted with the intent to slur the group of homosexuals, Christians, jews, muslims etc. Incitement to hatred or calling names in a broad public do not suffice. Finally slurring (of a protected group) on its own has been totally decriminalized. So it will continue to be an offence to propagate „don’t buy from Jews“ but it will still be no offence to say „don’t buy from this one as he is a Jew“. Furthermore, different than up to now, incitement to hatred against jews, christians, muslims etc. will be decriminalized as of 1 January 2012, if it takes place in small or medium sized events, or even in closed mass events. And perpetrators will be offered the opportunity to escape prosecution for inciting to hatred or calling whole groups names (in a way violating human dignity) by alleging that they did not intend to slur all homosexuals or jews but (for instance) just acted out of frustration over some unpleasant experience and had not meant what they said. Finally mockery and slurring of christians, jews, muslims etc. (as a group) will be decriminalized totally from 1 January 2012; even if the mockery or the slurring violate human dignity and even if committed in a broadcast, in the internet or in a mass event open to the general public. „Is this how credible combat of hate preachers does look like?“, asks RKL-president and counsel of the applicants before the ECHR Dr. Helmut Graupner.

[Rechtskomitee LAMBDA Report in English]

 

 

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ASD The Consumer Electronics Show is taking place in Las Vegas this week and, as usual, vendors are showing off televisions made from Organic Light Emitting Diodes.
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LG and Samsung both showed off 55-inch OLED TVs due later in 2012. The screens are only a few millimeters thick and provide astounding color contrast and clarity. Granted, the TVs might cost $8,000 when they hit Best Buy, but both South Korean vendors, who truly set the agenda for the TV industry, say these are real products that will come out.
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“The most exciting TVs at the show from both a design and picture quality standpoint are the two 55-inch OLED TVs announced by LG and Samsung,” David Katzmaier, who oversees TV coverage for CNET, tells me. “Their prices will be astronomical by LCD and plasma standards, but their images are clearly better and they can be as thin as five millimeters. They seem like disembodied images in person.”
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But, yes, OLED TVs have taken their time. I saw my first OLED TV back in 2007 in Japan. Since then, a grand total of two OLED TVs have hit the market: an 11-inch one from Sony that cost more than $2,000 and a 15-incher from LG that cost around $2,700. So that’s a few thousand dollars for TVs with screens smaller than most notebook displays. The same goes for LED lights: the trade show demos far outnumber the actual products.
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OLEDs are essentially transparent sheets of plastic that give off light when zapped with little bit of electricity. This partly explains why they are energy efficient and thin. The problem has been making large OLEDs. Samsung and many others have inserted OLED screens into cell phones, but not in notebook, tablets or TVs much because the manufacturing yields on the large panels has been terrible.
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The 55-inch TVs underscore the steady progress on the tool sets required to produce large OLEDs. A good portion of this work is being performed in-house, but third parties have also come up with tool ideas. A start-up called Kateeva (read first story ever on them here) is working on a tool that creates large OLEDs with something akin to ink jet printer nozzles.
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I asked a number of companies—Panasonic, Toshiba, Hitachi—at CES in 2008 when we might start seeing OLED TVs priced for the mainstream. 2015 nearly all of them said. So the industry has three years to whack the price of the $8,000 TVs coming out in the second half. Three years: that’s nearly two cycles of Moore’s Law. Going by the usual rules of thumb, that means manufacturers might be able to pop out $2,000 55-inch OLED TVs for the 2015 holidays. Crazier things have happened.
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OLEDs have the potential to be 100 percent efficient, say researchers at USC and other universities. While the industry isn’t there yet, the headroom gives OLED the opportunity to beat LED LCDs in lumens/images per watt and will help the industry meet any energy efficiency regulations. Car makers want electric cars to increase their fleet mileage. OLEDs will do the same for the consumer electronics industry.
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Conversely, TVs have also been a springboard for new types of lighting. Luxim, which makes plasma bulbs for streetlights and public spaces, started as a supplier for the projection TV industry and TV manufacturers remain one of the most ardent purchasers of red, green and blue LEDs.
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The TV industry is facing a problem when it comes to size. TVs simply aren’t getting bigger and bigger. Consumers graduated rapidly from 20-inch to 30-inch to 40-inch LCDs. The 40-inchers have given way to 50-inchers to some degree, but how many people do you know own 72-inch televisions?
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So how can vendors beef up margins and stave off second-tier vendors in an LCD price war? Make TVs from a new material that companies that depend on contract manufacturers can’t exploit yet! Somewhere, a guy from McKinsey charged $185,000 for the same piece of advice.
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TV formats often fail. Plasma and rear-projection swooned to LEDs, even though both could tout benefits and even better image quality. Back in the early 2000s, Samsung looked at carbon nanotube TVs. Toshiba also had nano sets that died before coming to market. These efforts ultimately died because they were isolated efforts. The idea was good—the industry teamwork was not.

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