Experts warn against posting suspected bicycle thieves online

More than 1,000 bicycles are stolen in Vorarlberg each year, and some victims are responding by posting images of the bicycles or suspected thieves online, ORF reported. A constitutional law expert has warned that publishing footage showing recognisable faces could violate the law.

According to Fahrradlobby Österreich, the Bregenz district has the highest rate of bicycle theft in Austria relative to its population. The clearance rate for bicycle theft is below 10 percent, according to the Verkehrsclub Österreich, while Vorarlberg police solve more than 60 percent of crimes overall.

As a result, more victims are turning to online search notices for their stolen bicycles and electric bicycles. Some posts also include videos showing the clearly recognisable faces of suspected offenders.

Constitutional law expert Peter Bußjäger strongly advised people who publish such footage to delete it. He said it could constitute a copyright infringement and violate the person’s right to their own image, even if that person may have committed a crime.

Bußjäger also referred to the presumption of innocence. A person is considered innocent until a court has established that they committed an offence, he said.

“Criminal prosecution is the responsibility of the state and must not be privatised,” Bußjäger said. Police must decide whether a wanted image should be published, for example to help capture a potentially dangerous person.

Publishing footage can also stigmatise people permanently, regardless of whether they are ultimately convicted. There is also a risk that the public could identify someone as the offender even though they had nothing to do with the crime.

Police advise people not to publish photographs or videos of possible offenders. Instead, the material should be passed only to investigators.

People who post such images or videos on social media could also face legal consequences, including a possible compensation claim, Bußjäger said.