Fine in the case of the controversial internet channel AUF1

As of: March 7, 2024 5:52 p.m

The Austrian internet channelAuf1 has been broadcasting its controversial content via satellite for months. The state media authorities have now imposed a six-figure fine for violations of the State Media Treaty.

By Eric Beres and Kai Laufen, SWR

The “so-called man-made climate change”, the “globalists” around George Sorros and Bill Gates, plus interviews with the right-wing extremist founder of the “Identitarian Movement” in Austria, Martin Sellner. These are recurring program offers from AUF1. Although the internet station is operated from Austria, conversations with AfD politicians such as Alice Weidel and Björn Höcke are apparently primarily intended to appeal to the German audience.

“There is a range of programs there that could be described as conspiratorial ideology and right-wing extremism,” explains Josef Holnburger, who researches conspiracy narratives and right-wing extremism for the non-profit organization “Center for Monitoring, Analysis and Strategy” (CeMAS). “For example, there is talk of lethal injections, the lying press, chemtrails, the Corona ‘plandemic’. This is constantly broadcast and offered onAuf1,” Holnburger observes.

Distribution via German Satellite TV

The editor-in-chief of the channel, founded in 2021, is Stefan Magnet. According to the Austrian media and the Austrian Resistance Documentation Archive (DÖW), he is said to have been active in right-wing extremist networks there for a long time. Until last September, Magnet’s channel distributed content primarily via the homepage and on Telegram with almost 270,000 subscribers. Since then,Auf1 has also been broadcast on satellite television.

AUF1 uses the channel of a German company: “schwarz rot gold tv” (SRGT), based in Baden-Württemberg, which has had its own broadcasting license since 2021. Its managing director is the non-partisan former doctor Wilfried Geissler. During the corona pandemic he appeared at lateral thinker demos and with AfD politicians.

He had signed a contract with “Media in res GmbH”. This company is part of theAuf1 company network. When the construct with SRGT became known, the responsible state media authority in Baden-Württemberg (LfK) banned further broadcasting via the Astra satellite with immediate effect last November. The basis was a corresponding assessment by the nationwide Commission for Authorization and Supervision (ZAK), to which all state media authorities are affiliated.

“Inadmissible Topic placement”

However, the stumbling block was not the disseminated content, but rather alleged violations of the State Media Treaty. The fact that SRGT broadcasts six hours of AUF1’s programs on its channel for a fee is a prohibited “topic placement” by third parties, because SRGT has no editorial control over the content broadcast byAuf1.

It has now become known that the ZAK imposed a six-figure fine on the SRGT on February 28th. She is expected to pay a total of 195,000 euros for the unauthorized transmission of AUF1 program content between September and November 2023. At least today, the editor-in-chief ofAuf1, Stefan Magnet, mentions this amount in an online video.

Since authorities determine the amount of a fine based on the amount actually paid and disputed, the amount allows indirect conclusions to be drawn about whatAuf1 paid to SRGT for providing satellite access for six hours a day. SRGT can lodge an appeal against the decision.

Fines not because of content

Auf1 founder Stefan Magnet now reacted to the fine against his business partner via video. The Austrian media entrepreneur speaks of a “horror punishment” becauseAuf1 placed banned topics on satellite television.

The chairwoman of the Commission for Authorization and Supervision (ZAK), Eva Flecken, contradicts this representation. The ZAK had already decided in November 2023 “that the broadcaster ‘schwarz rot gold tv GmbH’ (SRGT) – and notAuf1 – violated German media law.” This decision is legally binding and, according to the ZAK, has not been challenged in court by SRGT.

Since the comprehensive “sale” of broadcasting time was a far-reaching violation of media law, administrative offense proceedings were opened at the same time, of which SRGT was aware and, according to ZAK, was also “duly heard about.” According to ZAK chairwoman Flecken, it is correct that the ZAK sees a violation in the “sale” of SRGT’s broadcasting time to AUF1. What was taken over by AUF1 was not “the subject matter of the proceedings”.

Further test procedure

On SWR-Inquiry, the Stuttgart operator of SRGT confirmed receipt of the fine, which he calls “threatening his existence”. He is now conducting consultations in various directions and has asked for a meeting with the LfK, the media agency responsible for Baden-Württemberg. This has not yet been granted.

Meanwhile, it remains unclear whether the SRGT has now met the requirements of the State Media Treaty and is now allowed to broadcast AUF1 via satellite. According to LfK, the SRGT stated that it had placed the cooperation withAuf1 on a new contractual basis. The broadcast of theAuf1 broadcast parts is now free of charge. Upon request, the ZAK announced that another test procedure was currently underway. A decision is expected in March.

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