Austria's Nazi Demonstration Legality: What's The Verdict?

Austria has some of the world's strictest laws against Nazi demonstrations, with the country passing a law banning the Nazi party and spreading Nazi propaganda shortly after World War Two. The country's Prohibition Act of 1947, which has been amended multiple times, prohibits the public display of Nazi symbols and insignia. In recent years, Austria has further tightened these laws to counter rising anti-Semitism and right-wing extremism. Demonstrations against coronavirus restrictions have tested the law, with some protesters wearing yellow stars similar to those forced upon Jews during the Holocaust, with the word Jew replaced with unvaccinated.

Nazi demonstrations in Austria are illegal under the Prohibition Act 1947

The Prohibition Act 1947 specifically prohibits the public display and proliferation of insignia, symbols, emblems, uniforms, flags, and other items clearly associated with the National Socialist German Workers' Party (Nazi Party). This includes the use of Nazi symbols such as the swastika and the SS logo. Violations of this act can result in fines, imprisonment, or both. For example, violations of the Badges Act 1960, which prohibits the public display of Nazi symbols, can result in a fine of up to €4000 and up to one month of imprisonment. If the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 is applied, resulting in up to ten years of imprisonment.

In recent years, there have been efforts to strengthen and broaden the scope of the Prohibition Act 1947 to address rising anti-Semitism and extremism in Austria. In 2022, the Austrian government amended the act to include penalties for wearing Nazi insignia or any banned symbols linked to far-right movements, with fines of up to 20,000 euros. The law was also amended to extend jurisdiction to certain offences committed abroad by Austrians who post banned material or propaganda online.

The Prohibition Act 1947 has been a crucial tool in combating neo-Nazism and Holocaust denial in Austria. It is worth noting that Austria, the birthplace of Adolf Hitler, was annexed by Nazi Germany in 1938 and has only recently begun to seriously examine its role in the Holocaust. The efforts to strengthen the Prohibition Act 1947 demonstrate Austria's commitment to countering anti-Semitism, right-wing extremism, and disinformation.

The Austrian government is tightening laws against Nazi demonstrations

In 2022, the Austrian government announced its intention to amend its Prohibition Act of 1947, which banned the Nazi party and its subsidiaries, to address rising anti-Semitism and increasing radicalisation. The changes would mean that wearing Nazi insignia or any banned symbols linked to far-right movements would be punished by fines of up to 20,000 euros. The legislation would also allow for the confiscation of Nazi memorabilia, regardless of a criminal conviction.

The Austrian government is also seeking to extend jurisdiction to certain offences committed abroad by Austrians who post banned material or propaganda online. Civil servants who are found guilty under the law will be barred from government employment.

The Prohibition Act 1947 has been amended several times since it was first passed, most significantly in 1947 and 1992. The 1992 amendment clarified that any act of engagement in National Socialist activities was a punishable offence. The Austrian Supreme Court also stated that any reasoning or argumentation concerning the Nazi genocide and Nazi crimes against humanity is not admissible in evidence.

Austria has sought to distance itself from its role in the Holocaust since it was annexed by Nazi Germany in 1938. The country long cast itself as a victim of the German Third Reich and has only recently begun to seriously examine its role in the Second World War.

Nazi demonstrations are punishable by fines or imprisonment

Austria has some of the world's strictest laws against pro-Nazi activities and Holocaust denial. The country, which was annexed by Nazi Germany in 1938, passed a law after World War Two banning the Nazi party and the spreading of Nazi propaganda, as well as various symbols of Adolf Hitler's Third Reich, including the straight-arm salute.

The Verbotsgesetz 1947 (Prohibition Act 1947), or VerbotsG, is an Austrian constitutional law that was originally passed on 8 May 1945 (Victory in Europe Day) and amended multiple times, most significantly in February 1947 and in 1992. The law banned the Nazi Party and its subsidiaries and required former party members to register with local authorities. Individuals were also subject to criminal sanctions and banned from employment in positions of power.

In 2022, the Austrian government decided to amend its so-called Prohibition Act of 1947 to accommodate recent developments such as an increase in anti-Semitism and rising radicalisation. The amended law broadens the scope of prohibited symbols and increases punishments for the display and dissemination of any such symbols, including fines of up to 20,000 euros. It also removes the word "gross" from the trivialisation of the Holocaust, meaning that even partial denial or trivialisation of the Holocaust is punishable.

The Austrian Prohibition Act 1947 states that any act of engagement in National Socialist activities is a punishable offence. This includes denying, belittling, condoning, or trying to justify the Nazi genocide or other Nazi crimes against humanity. The punishment for such offences is imprisonment for one to ten years, or up to 20 years in cases of particular danger posed by the offender or the engagement.

In addition to the Prohibition Act, Austria's Badges Act 1960 (Abzeichengesetz 1960) prohibits the public display of Nazi symbols, with violations punishable by a fine of up to €4,000 and up to one month of imprisonment. If the violation is deemed an attempt to promote National Socialism, the Prohibition Act 1947 is applied, resulting in up to ten years of imprisonment.

Civil servants who are found guilty under the law will be barred from government employment

Austria has some of the world's strictest laws against Holocaust denial and pro-Nazi activities. The country has a long history of enacting and amending legislation to prohibit the promotion of Nazism and its associated symbols.

The Verbotsgesetz 1947 (Prohibition Act 1947) is an Austrian constitutional law that was originally passed on 8 May 1945 (Victory in Europe Day) and has been amended multiple times, most significantly in February 1947 and 1992. This law banned the Nazi Party and its subsidiaries, requiring former party members to register with local authorities. It also imposed criminal sanctions and barred individuals from employment in positions of power.

In 2022, the Austrian government decided to amend the Prohibition Act of 1947 to address recent developments, including a rise in anti-Semitism and increasing radicalisation. The amendment broadens the scope of prohibited symbols and increases punishments for their display and dissemination. It also expands the law's jurisdiction to include certain offences committed abroad by Austrians who post banned material or propaganda online.

The Austrian government's commitment to enforcing these laws was emphasised by Justice Minister Alma Zadic, who stated that the amendment would enable more efficient and consistent action against anti-Semitism, right-wing extremism, and disinformation.

Nazi demonstrations are considered hate crimes in Austria

Austria's legislation on Nazi demonstrations and symbols has been amended multiple times to adapt to recent trends and developments, such as an increase in anti-Semitism and rising radicalisation. In 2022, the Austrian government decided to amend the Prohibition Act to include a broader scope of prohibited symbols and increase punishments for their display and dissemination. This amendment was supported by all parties except the far-right FPOe.

Under the current laws, wearing Nazi insignia or any banned symbols linked to far-right movements is punishable by fines of up to 20,000 euros. Additionally, any trivialisation or denial of the Holocaust, even if only in part, is punishable. The legislation also allows for the confiscation of Nazi memorabilia, regardless of a criminal conviction, and extends jurisdiction to certain offences committed abroad by Austrians who post banned material online.

Austria's strict laws against Nazi demonstrations and symbols are a result of the country's history as a participant in Nazi aggression during World War II. After the war, Austria cast itself as a victim of annexation by Nazi Germany. However, in recent decades, the country has begun to seriously examine its role in the Holocaust and the crimes committed by Austrians during that period.

Frequently asked questions