Weißmann fails with appeal: Falter can publish all chats

Roland Weißmann, former general director of Austria’s public broadcaster ORF, has suffered another defeat in his legal battle against the Vienna weekly newspaper Falter over the publication of chat excerpts. According to a ruling by the Higher Regional Court in Vienna, all passages of the chats can be published. In May, the Commercial Court in Vienna had previously issued a preliminary injunction banning certain chat excerpts from being disseminated in three of 18 points. The dispute began with allegations made by an ORF employee accusing Weißmann of misconduct toward her. After being confronted with these claims earlier this year, Weißmann resigned as ORF chief and was ultimately terminated by the ORF. He denied wrongdoing and described the relationship as consensual and mutual. The Falter subsequently published numerous chats to inform the public about how Weißmann communicated, including methods, language, and imagery used. The Falter argued that since Weißmann is a person of public interest and he himself commented on the relationship with the accused, the protection of personal privacy should not take precedence over the public's right to information in this case. The court emphasized that the absolute protection of privacy does not apply here. At the end of May, the judge ruled that misuse of power and the behavior of leaders in public broadcasting are not purely private matters once the affected parties seek publicity. Anyone who uses aspects of their private life intentionally for image correction or to counter accusations loses the absolute protection of their privacy in such areas. Media lawyer Maria Windhager, representing the Falter, stated that Weißmann's appeal was "clearly rejected," according to an interview with APA. The reasoning of the Higher Regional Court supports the lower court in many respects and follows the Falter's arguments. The delicate balancing act contradicts the necessary predictability, which is why all chats were deemed permissible. Weißmann does not have the option to file an extraordinary revision appeal before the Supreme Court of Justice, leaving him only the possibility of a revision appeal for admission. Thus, the Falter can again publish all passages. The main trial will begin on September 7 with a hearing at the Commercial Court. The dispute originated from the allegations made by an ORF employee accusing Weißmann of misconduct towards her. After being confronted with these allegations in March, Weißmann stepped down as ORF chief and was eventually dismissed by the ORF. However, he denied having committed any misconduct and spoke of a consensual and reciprocal relationship in interviews and a background conversation with journalists. Weißmann is also challenging the ORF and its termination legally. Windhager called the court decision a "victory for press freedom." She told the Standard: "This is a very pleasant decision that lacks nothing in clarity: The publication of the chats in the context of professional misconduct was necessary for understanding the situation reported. Weißmann deliberately created media attention and must accept more scrutiny as a public figure." In the eyes of the Higher Regional Court in Vienna, the chats hold significant evidentiary value to document Weißmann's behavior toward the ORF employee. "The criticized reporting was not a voyeuristic response to the legend launched by the plaintiff himself," states the judgment available to the Standard. The article presented specific documents in response to the public statements made by the plaintiff: chat transcripts, conversation records, chronological sequences, and communication patterns. "Only through these could it be verified whether the claimed 'mutual and consensual relationship' actually existed." The court concluded that the public interest in information clearly outweighed both the content and the wording. Reporting on communications potentially different from the public portrayal of the plaintiff was therefore justified. It also noted that Weißmann is a person of public interest. Those who publicly discuss their "private circumstances" in interviews cannot claim a violation of their privacy if these circumstances are discussed in the public sphere. Weißmann had previously spoken to the Kronen Zeitung and the Kurier in interviews, but the specifics of his statements were not detailed in the provided sources.