ABSTRACT
The applicant was the publisher and owner of the magazine News. In December 1993 the applicant company published articles dealing with the a letter-bomb campaign directed against politicians and others in the public eye, some of whom had been severely injured. The articles also covered the activities of the extreme right and, in particular, the suspect B including pictures of him. On 21 January 1994 B brought proceedings under s 78 of the Copyright Act against the applicant company, requesting that the latter be prohibited from publishing his picture in connection with reports on any criminal proceedings against him. He also requested a preliminary injunction to that effect. On 9 March 1994 the Vienna Commercial Court dismissed B’s motion for a preliminary injunction. B appealed and on 22 September 1994 the Vienna Court of Appeal issued a preliminary injunction prohibiting the applicant company from publishing B’s picture in connection with reports on the criminal proceedings against him. On 22 November 1994 the Supreme Court upheld that decision. Appeals by the applicant were dismissed. In December 1995 a first-instance court acquitted B of the charges of assault but convicted him of offences under the Prohibition Act. The criminal proceedings against B received extensive news coverage. Newspapers other than the applicant company remained free to publish B’s picture. On 18 December 1995 the Vienna Court of Appeal, in proceedings brought by B under the Media Act, found that the applicant company had violated the presumption of innocence in referring to B in its articles as the perpetrator of the letter bomb terror, and ordered it to pay ATS 50,000 by way of compensation to him. The applicant company complained that its right to freedom of expression had been violated. Court found unanimously V 10, not necessary to examine 14+10.
