Oe24 must pay

Homeless murderer earns a basketful of money from custody

The young Viennese at his murder trial in November 2024.

(Bild: APA/HANS KLAUS TECHT)

In its report on the day of the trial against the young Viennese man who killed two homeless people and seriously injured another, oe24TV twice mentioned the full name of the then 18-year-old. The double murderer, who has not yet been finally convicted, is now suing the medium and has been proved right. Oe24 has to pay the "homeless killer" 3,000 euros, which is not legally binding.

In mid-November, the murder trial against the then 16-year-old who allegedly stabbed three sleeping homeless people in Vienna in the summer of 2023 - two of whom did not survive the gruesome act of bloodshed - caused a stir in the media. The now young man was sentenced to twelve years in prison and a placement in a forensic therapeutic center, which was not legally binding.

Convict's name mentioned twice
Also on site in the large jury courtroom: camera crew and presenter from oe24TV - who is probably not particularly familiar with Austrian media law. Twice he mentioned the full name of the "homeless killer" in his TV report after the verdict was announced.

This is why the case is now being heard again in Vienna. This time, however, the convicted double murderer is on the plaintiff's side and is demanding compensation from the media. And that is what he is awarded in a lightning trial that lasts less than 15 minutes.

Stigmatized as a "homeless killer"
Judge Stefan Apostol begins his reasoning: "It is well known that we are dealing with a young person." According to the Media Act, these are particularly worthy of protection in terms of personal rights. The article would also stigmatize him as the "homeless killer" by mentioning his full name. "At the time the applicant is released, however, it can no longer be assumed that he is dangerous. Otherwise he would not be released." The public's overriding interest in publication would therefore also cease to exist.

3000 euros for imprisoned 18-year-old
Also a violation of the media law: In the short video report, the presenter did not mention the lack of legal force of the verdict. This violated the presumption of innocence. Apostol ordered oe24TV to pay a total of 3000 euros to the imprisoned 18-year-old. Neither side makes a statement.