Out-Law News 1 min. read

German court convicts man for Australian web site


The German Federal Court of Justice has ruled that anyone publishing pro-Nazi material on the internet can be subject to German law, regardless of his or her country of origin. The court found that an Australian national who runs the Adelaide Institute could be liable under legislation that bans the glorification of the Nazis and any denial of the Holocaust.

Germany’s supreme court denied the appeal of German-born Dr. Fredrick Töben who operated the Adelaide Institute web site and printed leaflets denying that millions of Jews died during World War Two. He had originally been sentenced to 10 months in prison and appealed on the grounds that, because his internet material was “printed” outside Germany, it should not be subject to German legislation.

The Federal Court judges disagreed and ruled that the country’s anti-Nazism laws apply to material stored on servers outside Germany that is accessible to German internet users.

On his web site, Töben makes light of the decision:

“Due to Germany´s trespass on Australia´s sovereignty (finding Dr Töben guilty under German law for things he legally did in Australia, as an Australian) all German visitors to Australia will now be arrested and gaoled for having driven on the wrong side of the road whilst in Germany!”

Australia does not have anti-revisionist laws and it is unlikely that any extradition would take place, so Töben is not expected to serve any time in prison. Töben had originally been arrested when he approached a German state prosecutor to discuss his allegations denying the holocaust.

Last month, Yahoo! was ordered to block access by French nationals to auction pages on yahoo.com that sold Nazi memorabilia which is contrary to French law though not US law. Also, German prosecutors are investigating Yahoo! over the suspected illegal auction of copies of Hitler's manifesto "Mein Kampf."

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