103. Federal law banning the use of symbols of the Islamic State group and other groupings (symbol law)

The National Council has decided:

Scope

§ 1. This federal law regulates the prohibition of the use of symbols

1.		The Islamic State (IS) group;
2.		the Al-Qaida group;
3.		by groupings, sub-groups or successor organisations of the groupings referred to in Z 1 and 2, or by the groups referred to in Z 1 and 2.

Ban on use

§ 2. (1) It is prohibited to display, display, carry or disseminate symbols of the grouping referred to in § 1 in the public, including by means of electronic means of communication. Symbols and emblems are to be considered as symbols.

(2) The designation of groupings in accordance with § 1 Z 3 shall be effected by regulation of the Federal Government. The Federal Minister of the Interior designates the symbols within the meaning of paragraph 1 of this Regulation.

(3) The prohibitions referred to in paragraph 1 shall not apply to:

1.		printing units and periodic media,
2.		pictorial representations,
3.		Performances of stage and film works as well as
4.		Exhibitions in which exhibits covered by paragraph 1 are not an essential part of the exhibition,
if the ideals of a grouping referred to in § 1 are not approved or propagated.

(4) In other exhibitions, the prohibitions laid down in paragraph 1 shall not apply if the exhibition and its intended purpose are clearly directed against the ideals of the grouping concerned.

Criminal provisions

§ 3. (1) Anyone who intentionally opposes a prohibition of § 2 shall be subject to an administrative surrender and shall be from the district administrative authority, in the territory of a municipality for which the State Police Directorate is at the same time the security authority of the first instance, of the National Police Directorate, with a fine of up to EUR 4 000 or with a custodial sentence of up to one month. Those who have already been punished legally after this provision should be punished with a fine of up to 10 000 euros or with imprisonment of up to six weeks.

(2) Symbols which form the subject of a criminal act within the meaning of § 2 shall, insofar as this is possible according to the nature of the symbols or the object inseparably connected therewith, be declared to be forfeited.

(3) The experiment shall be punishable.

Enforcement

§ 4. With the enforcement of this federal law, the Federal Minister of the Interior is entrusted with the task of the Federal Government in respect of § 2 para. 2 first sentence.

entry into force

§ 5. (1) This Act shall enter into force 1. Jänner 2015 in force.

(2) Regulations on the basis of this Federal Act may be issued as of the day following that of its customer. However, they will come into force at the earliest together with this federal law.

Fischer

Faymann