These rumors about the punishable wearing of an FFP2 mask refer to the so-called anti-face covering law, which has been in force in Austria for some time. Although some newspapers reported that violations could result in a fine of 150 euros, the Federal Ministries of the Interior and of Social Affairs, Health, Care and Consumer Protection reassured the population and emphasized that the police would not intervene.

However, the question remains open as to whether criminal liability actually exists. We asked the Viennese lawyer Thomas Fraiß for a statement on this. First of all, as is often too briefly portrayed in public, the problem would arise throughout Austria and not be limited to Vienna. Fraiß emphasizes that since the mask requirement in the rest of Austria was lifted long before Vienna, this problem would have arisen there long ago.

Basically, this is obviously about the connection with the so-called Anti-Facial Covering Act (AGesVG). This includes a ban on covering or concealing one's facial features with clothing or other objects in public places or in public buildings in such a way that they are no longer recognizable.

FFP2: The law itself provides answers

Attorney Fraiß once again refers to the law itself. The AGesVG itself determines that there is no violation of the ban if “the covering or concealment of facial features is provided for by federal or state law, takes place in the context of artistic, cultural or traditional events or as part of the practice of sport or has health or professional reasons .”

When it comes to health reasons, such as Covid-19 and the coronavirus, the law also contains an answer. According to the government proposal for the AGesVG, coverings for health reasons include mouth and nose protection and respiratory masks (FFP2), due to the risk of infection or air pollution.

Is wearing an FFP-2 mask without infection a health reason?

Apart from that, the Constitutional Court has already made it clear that this exception also applies if the facial covering is due to the exercise of the fundamental right to freedom of expression. Specifically, it was about wearing a cow costume including a cow mask at a critical event on milk production.

Wearing masks on public transport for health reasons to reduce the risk of infection, according to Fraiß, or to combat air pollution, or on the way to an event where the mask is required as a means of free expression, therefore does not constitute a violation of the ban on face coverings.

And it's clear: wearing FFP2 masks is fundamentally a health reason. FFP2 masks can reduce the risk of infection because they have a higher filtration efficiency than conventional masks or mouth and nose covers. They can form a barrier against droplets released when speaking, coughing or sneezing that may contain the virus. FFP2 masks are designed to protect both the wearer and other people around them.

The German Society for Hospital Hygiene (DGKH) recommends wearing FFP2 masks because they have a higher filtration efficiency than conventional masks or mouth and nose covers. A study by researchers at the Massachusetts Institute of Technology (MIT) and Brigham and Women's Hospital in Boston showed that FFP2 masks can reduce the risk of aerosol transmission of COVID-19 by 75%.

Another factor that can help reduce the risk of infection is the fit of the mask. If a mask doesn't fit properly, it can create gaps that allow air to enter and droplets to be released. Therefore, it is important to wear and adjust the mask correctly to ensure maximum filtration efficiency.

This might also be of interest : our previous fact check on this topic . Including the information from the Federal Ministries of the Interior and of Social Affairs, Health, Care and Consumer Protection


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