Indicator history

There are several legislative provisions guaranteeing protection against hate speech in general, which could cover some aspects of hate speech in sports. There are very few regulations by sport federations or clubs that explicitly prohibit racist and ethnic discrimination.

Hate speech is forbidden by the Prohibition Statute which outlaws activities contributin to the revitalisation of the National Socialist ideology. Hate speech not connected to National Socialist ideology is prohibited by sec. 283 Penal Code. This also applies to hate speech in the context of sport.

Sec. 283 (1) Strafgesetzbuch (StGB) [Criminal Code]  makes Verhetzung [incitement to hatred] a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile or violent act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group on grounds of race, colour of skin, language, religion or Weltanschauung (belief-ideology), nationality, descent, national or ethnic group, gender, disability, age or sexual orientation or against member of such a group. This provision stipulates punishment of up to two years imprisonment. Sec. 283 (para. 2) also punishes public agitation against such a group or member of a group insulting or disparaging it in a manner violating or degrading human dignity.

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code (i.e. in the case of an insult or mockery (in the sense of Sec. 115) due to which a person is put down as ethnically, culturally or morally simply inferior on account of his or her membership to one of the groups mentioned in Sec. 283 (1) Criminal Code).  Such offences are punishable by a custodial sentence of up to three months or a pecuniary punishment of up to 180 daily rates.

Regulations by sport federations or clubs that explicitly prohibit racist and ethnic discrimination exist only in the field of football:

- Art 112 of the regulations of the Austrian Football Association prohibits racism and other discriminatory practices. In case of violations fines are imposed.

- The security guidelines of the Primary Football League state that organisers of football games have to prevent any form of racist or fascist activities. Statements disseminated via the loudspeakers must not be racist or discriminatory towards any of the teams. These guidelines do not seem to be applied very often. 

Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296; http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf; http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000207; http://www.oefb.at/_uploads/_elements/5370_file1.pdf; http://www.bundesliga.at/assets/documents/regulations/sicherheitsrichtlinien_20112012.pdf