A 22-year-old Austrian man who made headlines in 2020 for allegedly farting on a police officer has failed in his attempt to have the act recognised as a form of free expression. According to Austrian daily Der Standard, the Vienna administrative court upheld his fine, though reduced it, after concluding that the flatulent episode lacked “communicative content.”
The incident took place on June 5, 2020, when the man, identified in court documents as “Mr. AB,” was sitting with friends in a park during a routine police identity check. The court record noted that he had lifted himself slightly from the bench before passing gas, prompting laughter from his friends and a grin from him, which officers interpreted as mockery.
In his defence, the man claimed the fart had not been deliberate and argued that even if it had been, it should be protected under his fundamental right to freedom of expression .
The court, however, rejected this reasoning. In a detailed assessment, it ruled that while farts and burps could be considered socially inappropriate, they do not carry any expressive or communicative meaning. Even if they did, the judges said, such acts would still exceed the limits of public decency.
Despite dismissing his argument, the court reduced his original fine from €500 to €100, citing his financial circumstances and clean record.
His lawyer, Matej Zenz, told the Viennese newspaper Kurier that his client intends to appeal the ruling to Austria ’s constitutional court, arguing that the case has become one of principle and that penalising someone over a fart is unnecessarily petty.
The incident took place on June 5, 2020, when the man, identified in court documents as “Mr. AB,” was sitting with friends in a park during a routine police identity check. The court record noted that he had lifted himself slightly from the bench before passing gas, prompting laughter from his friends and a grin from him, which officers interpreted as mockery.
In his defence, the man claimed the fart had not been deliberate and argued that even if it had been, it should be protected under his fundamental right to freedom of expression .
The court, however, rejected this reasoning. In a detailed assessment, it ruled that while farts and burps could be considered socially inappropriate, they do not carry any expressive or communicative meaning. Even if they did, the judges said, such acts would still exceed the limits of public decency.
Despite dismissing his argument, the court reduced his original fine from €500 to €100, citing his financial circumstances and clean record.
His lawyer, Matej Zenz, told the Viennese newspaper Kurier that his client intends to appeal the ruling to Austria ’s constitutional court, arguing that the case has become one of principle and that penalising someone over a fart is unnecessarily petty.
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