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Guide to the Global Leaders in Media Law Practice

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Austria has updated its laws to align with the European Union's Digital Services Act through the enactment of a DSA accompanying act, amending several existing laws.

The key change involves the liability exemption rules for providers of intermediary services. As the DSA is directly applicable across the EU, Austria has repealed national provisions on liability exemptions under the Austrian E-Commerce Act. The new legislation also introduces procedural rules for serving court orders related to illegal content, allowing electronic delivery to intermediary service providers.

Additionally, Austria now allows individuals to directly pursue legal action against the author of a defamatory post, introducing a non-material claim for damages. This provides greater protection for individuals, as they no longer need to pursue claims against the media owner. The limitation period for defamation claims has been extended from one year to three years.

Under the updated Austrian Media Act, individuals affected by incorrect or misleading reporting can demand a counter-statement from the media owner.

The Austrian Constitutional Court recently annulled the "media privilege," ruling that it violated the balance between data protection and journalistic rights under the GDPR. In response, Austria introduced a new, more differentiated media privilege, regulating the processing of personal data by media organisations, journalists and employees in a way that better balances privacy and freedom of expression.

These reforms mark Austria's efforts to modernise its legal framework, addressing defamation, digital content and data protection, while ensuring compliance with EU standards.