• Source:JND
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A 22-year-old Austrian man’s unusual bid to have farting recognised as a form of free speech has been dismissed by a Vienna administrative court. The man, identified in legal documents only as Mr. AB, had appealed a fine imposed on him for intentionally breaking wind in the direction of a police officer.

The incident, which occurred in June 2020, took place during a routine identity check in a public park. According to court records, the man lifted himself slightly from a bench before releasing the gas, drawing laughter from his friends and a grin from himself. Police officers interpreted it as a deliberate act of mockery and issued a €500 fine for “violating public decency.”

Flatulence Has No Expressive Meaning: Court

In his appeal, the man claimed that even if the act had been deliberate, it should fall under his fundamental right to freedom of expression. The court, however, disagreed.

Judges ruled that the act lacked any “communicative content,” stating that bodily functions such as farting or burping may be socially inappropriate but do not carry any message or expressive value. “Even if intended as an expression, such behaviour exceeds the limits of acceptable social conduct,” the court concluded. Despite rejecting his legal argument, the panel reduced his fine from 500 Euros to 100 Euros, taking into account his clean record and financial situation.

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Vienna’s police department later defended the penalty on social media, clarifying that no one would be punished for a mere accident. “Of course, no one will be reported for accidentally letting one go once,” officials said. “But in this case, the man behaved provocatively and intentionally directed the act at officers.” The department added that the individual had been “uncooperative and disrespectful” even before the incident took place.

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The man’s lawyer, Matej Zenz, told the Austrian media Kurier that his client plans to challenge the decision before the Constitutional Court. “This has become a matter of principle,” Zenz said, calling the punishment “unnecessarily petty.” The bizarre case dubbed by local media as Austria’s “Freedom to Fart” battle has drawn international attention and sparked debate over how far free expression can go in public spaces.

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