ÖVP nomination on ORF: FPÖ speaks of embarrassing failure!

ÖVP nomination on ORF: FPÖ speaks of embarrassing failure!

In a current dispute over the composition of the ORF committees, FPÖ media spokesman Christian Hafenecker sharply criticized the ÖVP. On May 22, 2025, he stated that the nomination of state party deputy chairman Herz as a member of the ORF audience council was an “embarrassingly failed attempt” to infiltrate the ORF committees. Hafenecker also criticized the fact that the ÖVP obviously had no knowledge of the incompatibility provisions in the ORF law, which in his opinion reflected the poor state of the party and portrayed it as power-hungry. In addition, Peter Westenthaler, the ORF board member nominated by the FPÖ, was horrified by this situation.

Westenthaler criticized the fact that the ÖVP had not succeeded in making legally compliant orders for the ORF committees. He warned that the government's influence on the ORF foundation board may violate a ruling by the Constitutional Court (VfGH), as nine foundation board members are appointed by the public council, which represents inadmissible influence. The Constitutional Court recently declared parts of the ORF law unconstitutional and repealed the provisions on the appointment and composition of the foundation board and public council.

Unconstitutionality in the ORF law

The Constitutional Court found that the legal regulations regarding the appointment and composition of the committees violate the requirement of independence and pluralistic composition. This particularly concerns the allocation of members by the federal government, which is responsible for nine members of the Board of Trustees, while the Public Council can only nominate six members. This regulation can be classified as an attack on the broadcasting BVG's pluralism requirement.

New legal regulations must be created by March 31, 2025 to repeal the unconstitutional provisions. There is an urgent need for action by this date, as the current composition of the committees endangers the ORF's independence. The media minister is currently examining the Constitutional Court's ruling, while the Greens are calling for reform of the committees.

Political pressure and demands for reform

The Constitutional Court's decision and the associated demands for reform are not only heard from political actors such as the FPÖ, which is calling for comprehensive reform and the abolition of the ORF compulsory tax. Other parties, such as NEOS, are also calling for talks with all factions in order to find a common way to depoliticize the ORF. Burgenland's Governor Hans Peter Doskozil sees the VfGH's decision as a mandate to depoliticize the ORF, which the SPÖ sees as confirmation of its criticism of the government's influence on the ORF committees.

The challenges facing the ORF are complex and require a thorough examination of the current and future composition of the committees. The board of trustees remains able to act until the new regulations are made, but the question of independence and compliance with constitutional requirements remains in the room. The Association of Austrian Newspapers (VÖZ) is calling for a comprehensive ORF reform immediately in order to rethink the entrenched structures in the media landscape.