Online Harassment and Hate Speech in Austria: What Is Punishable in 2026?

An insulting comment, a leaked photo or an inciting post can have serious legal consequences in Austria. Austrian law does not generally distinguish between conduct in public and conduct online: the same rules can apply. This guide explains which online behaviour may be punishable and what you can do if you become a target.

In brief

• Online harassment (Cyber-Mobbing) has been a separate criminal offence in Austria since 1 January 2016.
• In basic cases, it can carry up to 1 year of imprisonment or a fine of up to 720 daily rates.
• Incitement (Verhetzung) can carry up to 2 years of imprisonment, or up to 5 years in more serious cases.
• Sharing inciting content approvingly may also be punishable.
• Removal of offensive content can be sought quickly and at low cost through the so-called Mandatsverfahren procedure.

What counts as online harassment?

Online harassment (Cyber-Mobbing, also called Cyber-Bullying) means deliberately and repeatedly insulting, threatening, humiliating, harassing or excluding someone through digital channels. The aim is to break the other person psychologically and exercise power over them.

This can happen on social media, in chats, messaging applications, by email, in online games or by telephone, including through messages, calls, photos and videos. Unlike traditional harassment, it has no geographical boundary and can continue around the clock, leaving the victim with no real opportunity to rest.

A specific form of online harassment is cyberstalking: persistently following someone online or through another communication tool (beharrliche Verfolgung).

When is cyber-mobbing punishable?

Section 107c of the Criminal Code (Strafgesetzbuch, StGB) identifies two situations where the conduct is capable of seriously disrupting the victim’s way of life:

• Someone commits an honour-related offence that remains visible for a longer period to a larger group, roughly 10 people—for example, insults in a group chat.
• Without permission, someone makes a fact or image from another person’s most private life available to a larger group, roughly 10 people—for example, by forwarding nude photos.

The most private sphere can include a person’s sex life, sensitive parts of family life, religious beliefs and illnesses. A picture includes video, and can show not only the victim but, for example, the victim’s home. What qualifies as a “longer period” depends on the individual circumstances.

Cyber-mobbing is an offence prosecuted ex officio (Offizialdelikt), meaning that the public prosecutor’s office can proceed on its own initiative.

What penalties can apply?

The possible penalties for online-related offences include:

• Online harassment (Cyber-Mobbing): basic case—up to 1 year or 720 daily rates; more serious case—up to 3 years.
• Incitement (Verhetzung): basic case—up to 2 years; more serious case—up to 3 years if more than 150 people are involved, or between 6 months and 5 years if it led to violence.
• Insult (Beleidigung): basic case—up to 3 months or 180 daily rates; no separate information is given for a more serious case.
• Defamation (Üble Nachrede): basic case—up to 6 months or 360 daily rates; more serious case—up to 1 year or 720 daily rates, for example online.
• False accusation (Verleumdung): basic case—up to 1 year or 720 daily rates; more serious case—between 6 months and 5 years.
• Damage to reputation or credit (Kreditschädigung): basic case—up to 6 months or 360 daily rates; no separate information is given for a more serious case.

A cyber-mobbing case is more serious if the conduct leads to suicide or an attempted suicide, if the harassment continues for more than one year, or if the content remains visible for longer than one year.

When does a post count as incitement?

Incitement may be committed by calling, in front of many people—roughly 30 people—for violence or hatred against a group or person because of their skin colour, language, religion, nationality, origin, sex, disability, age or sexual orientation. It can also include insulting such a group in a way intended to attack its human dignity.

Approvingly sharing inciting content may also be punishable. This can result in up to 1 year of imprisonment or a fine of up to 720 daily rates. However, not every racist post automatically constitutes a criminal offence. Sharing hateful content critically—for protest or educational purposes—is not punishable.

Is a case prosecuted automatically or privately?

This depends on the offence:

• Prosecuted ex officio (Offizialdelikt): cyber-mobbing, incitement and false accusation. The public prosecutor’s office can proceed on its own initiative.
• Private prosecution (Privatanklagedelikt): insult, defamation and damage to reputation or credit. The case starts only at the injured person’s request, who can bring a private prosecution before the criminal court.

In a defamation case, a person is not punishable if they can prove that their statement was true. A private prosecution cannot be brought against a juvenile offender, although under certain conditions the public prosecutor’s office may proceed with the victim’s authorisation.

What can you do if you are being harassed?

1. Document the harassment. Save SMS messages, emails and chat logs. For inciting posts, screenshots or printouts can help as evidence.
2. As a deterrent, you can tell the perpetrator that the conduct may be a punishable offence.
3. Report the breach to the platform or website operator and request removal of the content.
4. Contact an advice organisation, such as ZARA’s counselling service against hate speech, #GegenHassimNetz.
5. Incitement can be reported to the police. You should also contact the police in cases of persistent following or dangerous threats.

A court order requiring unlawful content, such as posts or images, to be removed can be obtained quickly and at low cost through the Mandatsverfahren procedure. In stalking cases, possible measures range from exclusion (Wegweisung) and a prohibition on entering (Betretungsverbot) to detention.

If your child is the victim, do not ban them from using the phone or internet: punishment is not an effective solution in this situation. Talk to them and teach them not to respond, to save evidence and to use moderated chats only.

Frequently asked questions

Can I be punished just for sharing a hateful post?

Yes, if you share it approvingly and make it available to a wide public. Sharing it critically, in protest or for educational purposes is not punishable.

Can an insult in an anonymous chat count as an insult under the law?

It may. If the victim regularly uses the same nickname and can no longer use it because of the insult, an offence of insult may exist.

How many people must hear an insult?

It must be public, or be made in front of at least three people who are different from both the perpetrator and the victim. Forums, chats and websites generally involve publicity.

What if I respond to the insult?

A person may be exempt if they respond understandably and quickly to an insult. However, responding in this way is not recommended.

Practical steps

• Save the original content, usernames, dates, times and URLs before reporting or blocking anyone.
• Keep copies of messages, screenshots and printouts in a safe location.
• Report the content to the platform and request its removal.
• Seek advice from ZARA’s #GegenHassimNetz counselling service.
• Contact the police about incitement, persistent following or dangerous threats.
• Consider legal advice about a Mandatsverfahren or a private prosecution where relevant.

Important: This article is based on information available online and does not constitute legal, medical or other professional advice. Use the information at your own risk. If you need specialist advice, contact a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at