VfGH confirms ORF tax: FPOE criticizes absurd decision!

VfGH confirms ORF tax: FPOE criticizes absurd decision!

The Austrian Constitutional Court (VfGH) recently confirmed the constitutionality of the ORF contribution law of 2024. This was done in the context of a mass procedure in which numerous complaints against the so -called household levy were treated. According to kosmo , all lawsuits were denied that the incorrectness of this levy, with which households and businesses are obliged to pay, even if they Own devices for the use of ORF content.

The court made it clear that it was sufficient that all contributors have the opportunity to use the ORF public service. This insight applies not only to households with reception devices, but also to those without. The VfGH explained that the levy was not a levy in the narrower sense, but a "raised cash benefit" to ORF. This creates discussions about the justice of the financing of public service broadcasting.

criticism of the FPÖ

fpö general secretary Christian Hafenecker expressed extremely critical of the judgment and described it as "absurd". He moved parallels to the motorway vignette for cyclists and described the judgment as part of a series of questionable decisions by the Constitutional Court. Hafenecker complained that the court ignores the literal context of the law, which only provides for an upper limit for the contribution. He also criticized the supposed "left -wing" reporting of the ORF and called for a review of the entire financing system, in particular a change to budget financing from the state budget.

The VfGH, on the other hand, found that the collection of the ORF levy in the entire social interest in a democratic and cultural supply. ORF-Zeitrags Service GmbH (OBS) received the authorization to legally issue notices to determine the contribution. The task of the survey by the OBS is considered factual and efficient, and its management is bound to the instructions of the finance minister.

legal foundations and social effects

With the introduction of budget levy at the beginning of 2024, all households with at least one adult primary residence and all companies subject to local tax are subject to contributions. This also includes households without reception devices, since there is a technical possibility to use public services. The VfGH has recognized the payment obligation for companies as legally permissible, even if they do not consume ORF content, since they can have an operational interest in information.

Another aspect of the decision concerns the treatment of smaller households that have to pay more per capita than larger ones. This was not considered problematic by the VfGH. In addition, OBS has the right to use data from various registers to collect the contribution. The possibility of passing on debt data to debt collection agencies was also confirmed without this being violating data protection regulations.

This decision of the VfGH means the end of a number of uncertainties and legal disputes regarding the ORF tax. In the context of the European Convention on Human Rights, the obligation to pay the fee is not regarded as a violation of the law on free receipt of information, as stated in the Notification of the VfGH The judgment could significantly influence the direction of future discussions about the financing of the ORF and the public media landscape in Austria.