Ibizagate Trial a Deterrent to Austrian Journalists and Sources

Image: Sueddeutsche Zeitung | Der Spiegel

The prosecution of private detective and journalistic source Julian Hessenthaler will silence those trying to report corruption in Austria, media and rights groups said at the opening of his trial in St. Pölten this week. Blueprint for Free Speech is one of 15 signatories to the open letter, which was reported widely in international media.

In 2019, the release of the ‘Ibizagate’ video - showing Austria’s then Vice-Chancellor Heinz-Christian Strache offering state contracts to a woman posing as the niece of a Russian oligarch in return for campaign assistance - caused enormous political upheaval and the collapse of Austria’s right-wing coalition government.

Strache, formerly leader of Austria’s far right Freedom Party (FPO), was charged with corruption offences and received a 15-month suspended sentence last month.

Julian Hessenthaler is now facing trial in Austria, on charges of falsifying documents related to the Ibizagate video and unrelated drugs charges, which he denies. After a first day of hearings on Wednesday 8 September, the trial is due to resume on 13 October.

Thomas Lohninger, Executive Director of epicenter.works, an Austrian digital rights NGO which coordinated the letter, said the video’s publication was protected under freedom of expression laws in both Austria and Germany. Hessenthaler was arrested in Germany in late 2020 and swiftly extradited to Austria to face extortion charges, which have since been dropped.

Lohninger said “There is a strong sense that Austrian authorities are resorting to other criminal charges, or at least to prosecuting them in an excessive manner, to silence Hessenthaler. Apparently, he is being made an example of to deter potential future informers from expressing their opinion freely.”

The signatories to the open letter say the “remarkable” prosecution of Hessenthaler, aims to send “a clear signal” to future whistleblowers, who still do not have the benefit of a protective legal framework in Austria.

Heinz Patzelt, Secretary General of Amnesty International Austria, asserted the pubic interest value of the Ibizagate footage, which “revealed the highly dubious attitude of … Strache towards the freedom of the press, the rule of law and corruption.”

Among the issues highlighted by Hessenthaler’s case are the extent of surveillance measures that can be used against a journalistic source in the European Union. Ahead of his arrest, multiple European Investigation Orders were authorised against Hessenthaler, allowing physical surveillance, access to bank accounts, home searches, telephone surveillance and the retrieval of airline passenger name records in the Austrian authorities’ attempts to apprehend him.

Lohninger said the government was sending a signal: “Those who bring too much truth to light will face criminal investigation, if necessary across international borders. This inevitably acts as a deterrent that discourages other whistleblowers from making revelations and can ultimately limit freedom of opinion and the press in Austria.”

The full text of open letter, and its signatories, are available here.