Austria’s chancellor, Karl Nehammer, wants to expand on an overall ban on flag desecration. Following increases in antisemitic incidents and reports in Austria, the flag of the State of Israel has been particularly targeted in several Austrian cities.
Following the escalation of conflict in Israel and the Palestinian Gaza Strip between the State of Israel and Hamas, in Austria there were 76 antisemitic incidents from October 7th to October 19th, according to the Jewish Community of Vienna. It accounts for a 300% increase compared to the whole of 2022.
On October 20th, a video posted on Tiktok showed two men tearing down the Israeli flag at the entrance of a synagogue in Vienna, raising further concerns for the security of the Jewish community in the country.
Desecration of the national flag — by an insult, its depiction in a hateful manner or its degradation — is illegal in Austria under Article 248 of the Strafgesetzbuch, Austria’s Penal Code. Violators may be fined or imprisoned for up to six months. And based on Austria’s current laws, desecrating foreign flags or foreign national emblems is also punishable if they are displayed by an authority or embassy.
Under Article 317 Strafgesetzbuch, the current laws also include that desecration of the flag of a foreign country or an international organization is punishable if Austria maintains diplomatic relations or belongs to the respective organization.
But Chancellor Karl Nehammer sees a legal loophole and wants to make the desecration of privately displayed flags a criminal offense. Flag desecration, when private individuals fly the flag, is currently legal in Austria.
“I do not accept that extremists take to our streets, spread terror and desecrate Israeli state symbols. This is not a trivial offense, but an attack on our free society and must have clear consequences,” Chancellor Nehammer told the Austrian news agency APA.
Austria’s Green party, Grüne koalitionspartner, has reported that they are still skeptical of the Chancellor’s request and want to analyze existing laws and see what options are already available for sentencing in such cases. They stated that cases of flag desecration could be already included in Austria’s hate speech laws.
Austria’s laws prohibit incitement, insult, or contempt against a group of people because of race, nationality, religion, or ethnicity. If the statement violates human dignity, there can be criminal penalties for violations.
Private discussions in Austria are generally free and unrestricted. However, there have been some difficulties related to the balance between freedom of speech and enforcing legal prohibitions on hate speech, according to the American advocacy group Freedom House.
