Is It a Crime to Insult Someone in Austria? (§ 111 & § 115 Stgb Explained)

If you are wondering whether it is a crime to insult someone in Austria, the short answer is yes, under specific conditions set out in the Austrian Criminal Code (Strafgesetzbuch, StGB). Austria’s defamation laws treat both insults (Beleidigung, § 115 StGB) and defamatory statements (üble Nachrede, § 111 StGB) as criminal offences that can lead to fines and even imprisonment. The rising volume of abusive social-media posts has sharpened enforcement interest, making these provisions increasingly relevant for anyone who uses, or is targeted through, online platforms. This guide explains the statutory elements, penalties, evidence requirements, and the step-by-step process for pressing charges, whether at a police station or through a private prosecution (Privatanklage) in court.

Quick Answer: Is Insulting Someone a Crime in Austria?

Yes. Austrian criminal law penalises two core categories of verbal and written attacks against a person’s honour and reputation. Under § 115 StGB (Beleidigung), a person commits an offence when they insult, mock, mistreat, or threaten to mistreat another person publicly or in front of at least three other people. Under § 111 StGB (üble Nachrede), a person commits an offence when they accuse someone of having a contemptible character trait, a dishonourable disposition, or conduct contrary to morality in a manner that could expose that person to public contempt or disrepute.

Both offences are generally prosecuted only upon the victim’s request, in many cases through a Privatanklage (private prosecution). This means the state prosecutor does not automatically step in; the victim must take action. The following sections explain how each provision works, what penalties apply, and exactly how to file a complaint or bring private prosecution proceedings.

The Legal Framework: § 111 (Üble Nachrede) and § 115 (Beleidigung) Explained

Austria’s defamation laws in the StGB distinguish between defamatory allegations about a person’s character or conduct (§ 111) and direct insults that attack personal dignity (§ 115). Understanding the boundary between these two provisions is essential before deciding how to press charges.

§ 111 StGB, Üble Nachrede (Defamation): Elements and Defences

Section 111(1) of the StGB criminalises accusing another person, in a manner perceptible to a third party, of having a contemptible character, dishonourable behaviour, or conduct contrary to morality that is likely to make that person “contemptible or otherwise lower their standing in public opinion.” Where the accusation is made in a printed document, broadcast, or other medium accessible to a broad audience, § 111(2) provides for an aggravated form with a higher penalty.

The law provides two principal defences. First, the truth defence: the accused can prove that the statement is true in substance. Second, the good-faith defence: the accused had sufficient reason to believe the statement was true and a justifiable interest in making it (for example, a journalist reporting on a matter of genuine public concern). If either defence succeeds, the conduct is not punishable.

§ 115 StGB, Beleidigung (Insult): Forms, Thresholds, and Online Application

Section 115(1) targets a broader category of offensive conduct. A person is guilty if they insult, mock, abuse, or threaten to abuse another person “publicly or in front of several people.” Austrian case law has consistently interpreted “in front of several people” as meaning at least three individuals besides the victim, and “publicly” as including any setting, physical or digital, accessible to a larger, indeterminate group.

This means that an insulting comment on a public Facebook post, a defamatory tweet, or a degrading remark on a publicly visible Instagram story can satisfy the publicity element. A private direct message to the victim alone, by contrast, would generally not meet the threshold under § 115, although it could still give rise to civil liability. The practical effect is that most online defamation in Austria falls squarely within the scope of § 115 whenever the post is visible to other users.

When Will Someone Be Prosecuted? Public vs. Private Prosecution in Austria

A critical question when considering whether you can be prosecuted for defamation, or whether you can press charges against someone, is who initiates the prosecution. Austrian criminal procedure, governed by the Strafprozeßordnung (StPO), distinguishes between offences prosecuted ex officio (by the public prosecutor) and those prosecuted only on request or through private prosecution.

For most insult and defamation offences under §§ 111 and 115 StGB, prosecution is not automatic. Instead, the victim must either file a formal request for prosecution (Ermächtigung) with the public prosecutor or bring a Privatanklage directly before the competent district court (Bezirksgericht). In a Privatanklage, the victim takes on the role of prosecutor and bears the initial procedural costs, including a court input fee.

There is an important exception under § 117 StGB: where the insult or defamation targets a public official in relation to their official duties, or is committed through a mass medium (newspaper, broadcast, internet platform with broad reach), prosecution may be initiated ex officio by the public prosecutor. This distinction matters because it determines whether you, as a victim, must invest your own resources to bring the case forward.

Penalties and Likely Outcomes for Insult and Defamation in Austria

The punishment for a defamation case in Austria depends on which provision applies, whether the statement was made through a mass medium, and the presence of any aggravating factors. The table below summarises the statutory penalty ranges.

In practice, most first-time insult convictions result in a fine calculated through the Austrian day-rate (Tagessatz) system, where each day-rate reflects the offender’s net daily income. Short custodial sentences are reserved for serious or repeated offences. Beyond criminal penalties, victims can pursue civil remedies in parallel, including injunctions to prevent repetition, orders for a published retraction, and claims for damages under general tort law.

Online Defamation in Austria: Practical Routes for Social Media Posts

Online defamation in Austria raises specific practical challenges that go beyond in-person insults. Abusive posts on social media platforms can spread rapidly, making early intervention critical. The Austrian Federal Ministry of the Interior (BMI) has identified online hate speech and insult as a growing enforcement priority and provides dedicated reporting channels.

Reporting to the Platform

Most major social networks, including Meta (Facebook, Instagram), X (formerly Twitter), TikTok, and YouTube, offer in-app reporting tools for defamatory or abusive content. When submitting a report, include the following details to maximise the likelihood of swift removal:

• Direct URL of the offending post, comment, or message.
• Screenshot with timestamp showing when the content was visible.
• Brief explanation of why the post is unlawful under Austrian law (referencing §§ 111 or 115 StGB where applicable).
• Your identity (name, contact information), platforms usually require this for legal-process requests.

Industry observers expect that platform response times continue to improve under the EU’s Digital Services Act obligations, which require large platforms to act on reports of manifestly illegal content expeditiously.

Reporting to Austrian Police

If the online post meets the criminal threshold, you should also file a report with the Austrian police. You can do this at any police station (Polizeiinspektion) or through the BMI’s online reporting channels. When reporting, bring:

• Printed screenshots of the post with visible URL, date, time, and username of the poster.
• Metadata if available (page source, email headers, IP-address logs).
• Witness details, names and contact information of anyone who saw the post.
• Any prior communication with the platform (confirmation of report, response).

For anonymous accounts, the police can issue data-disclosure requests to platform operators to identify the poster. This process takes time but is essential where the offender’s identity is unknown.

How to Press Charges Step by Step: Police Complaint and Private Prosecution

Understanding how to file a case of defamation or insult in Austria involves two possible paths: a report to the police or public prosecutor, or a direct private prosecution (Privatanklage) at court. Below is a detailed, step-by-step guide.

Step 1, Preserve All Evidence Immediately

Before contacting any authority, secure every piece of evidence. For online posts, take full-screen screenshots that include the URL bar, timestamp, and poster’s profile name. Save the page source code where possible. For spoken insults, write a detailed memorandum of what was said, when, where, and who witnessed it. Time-stamp your notes.

Step 2, File a Criminal Complaint (Anzeige) at the Police or Prosecutor

Visit any police station or the public prosecutor’s office (Staatsanwaltschaft) and file a criminal complaint (Anzeige). You do not need a lawyer for this step, although legal advice beforehand is recommended. Your complaint should include:

• Your full name, address, and contact details.
• The name (or description) of the suspected offender.
• A factual description of the insult or defamatory statement: the exact words used, the date, time, location, and witnesses present.
• All supporting evidence (screenshots, links, witness statements).
• A clear statement that you request prosecution (Strafantrag) and do not consent to a diversion or informal resolution without your involvement.

The police will record your complaint and forward it to the public prosecutor. If the offence is one that requires private prosecution, the prosecutor will inform you and you will need to proceed with a Privatanklage.

Step 3, File a Privatanklage (Private Prosecution) at the District Court

If the public prosecutor declines to prosecute, which is the norm for basic §§ 111 and 115 offences, you can bring a Privatanklage directly before the competent Bezirksgericht (district court). Your Privatanklage petition must contain:

• Your personal details and those of the accused.
• A precise description of the offence: the statutory provision violated, the specific words or conduct, date, time, and place.
• A list of evidence you intend to present (documents, witnesses, expert opinions).
• A request for the court to convict the accused and impose the statutory penalty.

You must pay a court input fee (Pauschalgebühr) when filing. Under the Gerichtsgebührengesetz (GGG), the fee for a Privatanklage has been cited in parliamentary materials at approximately €269 to €287, depending on the applicable tariff post. Always verify the current amount using the official court-fee calculator provided by the Austrian Federal Ministry of Justice (BMJ) before filing, as tariffs are updated periodically. If you win the case, the convicted defendant is generally ordered to reimburse these fees.

Step 4, Court Proceedings

Once the Privatanklage is accepted, the court schedules a hearing. The accused is summoned and given the opportunity to respond. As the private prosecutor, you bear the burden of proof, you must establish the offence beyond reasonable doubt. The hearing typically proceeds orally, with witnesses examined and documentary evidence presented. If the court finds the accused guilty, it issues a judgment specifying the penalty and any ancillary orders (costs, damages).

Step 5, What to Expect at the Hearing

Hearings for insult and defamation cases at the Bezirksgericht tend to be relatively short, often concluded in a single session. Prepare to present your evidence clearly and chronologically. Bring original documents, not just copies. If your case involves online posts, be ready to demonstrate that the post was visible to the requisite number of people (publicly or to at least three others). A qualified criminal defence or media-law lawyer can represent you and handle cross-examination of the accused.

Evidence: How Much Do You Need for a Defamation Case in Austria?

How much evidence do you need for defamation? In Austrian criminal proceedings, the standard of proof is beyond reasonable doubt (freie Beweiswürdigung, the court’s free evaluation of evidence, but conviction requires a high degree of certainty). This is a demanding threshold, and the quality of your evidence is decisive.

The following evidence checklist is tailored to insult and online defamation cases:

• Screenshots with metadata. Full-screen captures showing the URL, date, time, poster identity, and content. Save page source code and, where possible, a web-archive snapshot.
• Witness statements. Written accounts from at least two people who observed the insult or saw the post. Include names, addresses, and contact details.
• Communication logs. Emails, chat messages, or letters in which the accused made or repeated the defamatory statement.
• Expert reports. Where the offender used an anonymous account, an IT-forensic expert or the police can trace IP addresses and link activity to a specific individual.
• Context evidence. Prior interactions, threats, or a pattern of hostility can demonstrate intent and negate potential defences (e.g., that the statement was a joke).
• Platform correspondence. Records of reports made to the social-media platform and any responses received, these show diligence and corroborate the timeline.

If assembling criminal-standard evidence proves difficult, consider pursuing a civil claim instead. Civil proceedings in Austria operate under a lower standard of proof (preponderance of evidence / überwiegende Wahrscheinlichkeit), making it easier to succeed. Civil remedies include injunctive relief, retraction orders, and compensation for non-material damage.

Related Offences and Defences: From False Accusations to Hate Speech

Insult and defamation do not exist in isolation within Austria’s criminal code. Several related provisions may apply depending on the circumstances:

• Cybermobbing (§ 107c StGB). Persistent online harassment, including repeated insults, that is likely to impair the victim’s lifestyle over a prolonged period is a standalone offence carrying penalties of up to one year imprisonment.
• Dangerous threats (§ 107 StGB). If an insult escalates into a threat of violence, the more serious offence of dangerous threats applies.
• False accusation (§ 297 StGB). Filing a knowingly false criminal complaint against someone is itself a criminal offence. Victims of defamation should ensure their claims are well-founded before pressing charges.
• Hate speech (§ 283 StGB). Where the insult targets a person because of their membership in a protected group (race, religion, nationality, disability, sexual orientation), the hate-speech provisions carry substantially higher penalties.

On the defence side, the European Court of Human Rights (ECHR) has held in cases involving Austria that freedom of expression under Article 10 of the European Convention can limit the scope of insult and defamation convictions. Courts must balance the protection of reputation against the public interest in open debate, particularly where the statement concerns a politician or a matter of public concern. The likely practical effect is that factual criticism and fair commentary enjoy greater protection than gratuitous personal attacks.

When to Get Legal Advice

While filing a police complaint does not require a lawyer, there are several situations in which professional legal advice is strongly recommended:

• You are considering a Privatanklage and need to assess the strength of your evidence before investing in court fees.
• The offender is anonymous and you need assistance tracing their identity through platform or ISP disclosure requests.
• The insult was published in a mass medium and you want to explore both criminal prosecution and civil remedies (injunctions, damages, published corrections).
• You are the accused and need to prepare a defence, including truth, good-faith, or freedom-of-expression arguments.
• Cross-border elements are involved (e.g., the post was made from outside Austria but targets an Austrian resident).

An experienced criminal or media-law practitioner in Austria can evaluate the applicable statutory provisions, draft the Privatanklage petition, prepare your evidence file, and represent you at the hearing. To find an Austria criminal lawyer, consult the Global Law Experts directory for qualified specialists.

Conclusion

Is it a crime to insult someone in Austria? Absolutely, provided the statutory thresholds of §§ 111 or 115 StGB are met. The Austrian legal system offers victims both criminal and civil avenues for redress, but most insult and defamation cases require the victim to take the initiative through a Privatanklage. Whether you are dealing with a spoken insult, a written letter, or an abusive social-media post, the key steps remain the same: preserve evidence immediately, assess which provision applies, and file your complaint or petition without delay. Where the facts are complex, especially in online defamation cases involving anonymous posters or cross-border elements, professional legal guidance from an experienced Austrian criminal lawyer is essential to protect your rights effectively.

Sources

1. RIS, Strafgesetzbuch (StGB), § 115 (Beleidigung)
2. RIS, Strafgesetzbuch (StGB), § 111 (Üble Nachrede)
3. BMI, Hate Crime Pilot Report (Austria)
4. RIS, Strafprozeßordnung (StPO)
5. Austrian Parliament, Explanatory Materials (Gerichtsgebühren / Privatanklage Fees)
6. ECHR / HUDOC, Case Law Database