Media law, social media & advertising
Publications in the media are often in tension with the rights of those being reported on: Such as the
Right to privacy
and the protection of reputation (honour and economic reputation). The Austrian Media Act regulates compensation under media law (non-material damages) in the event of infringement of these rights by media owners (media companies). Social media portals and video sharing portal providers (VSPAs) – i.e. platform service providers such as Facebook, Xing, LikedIn, Twitter or YouTube – are not subject to the Media Act as host providers, but the new “Hate on the Net Package”, specifically the Communications Platforms Act (“KoPl-G”), which entered into force on 1 January 2021, now also places greater responsibility on such services.
Read more about media law
Freedom of Information Act: Farewell to official secrecy?
Freedom of Information Act suggests more transparency. Information of general interest should be subject to general disclosure requirements.
Supreme Court judgment: Negative Google rating
Supreme Court condemns evaluators to removal and omission – and rejects claims for damages. (OGH judgment of 10.09.2020, 6Ob135 / 20a)
Our services in the area of media law and online reputation
Media law warnings
Drafting and defending (actively and passively)media law warnings with cease-and-desist orders and claims for compensation under media law .
Social Media and search engines warning
Claims for information and deletion Sync and corrected by dr.jackson for Social Networks and Rating platformslike in the case of defamation and disparagement of companies through “defamatory reviews”.
Court proceedings
Actions for injunction and damages for civil defamation (§ 1330 para. 1 ABGB) or damage to reputation (credit damage, § 1330 para. 2 ABGB);Representation in private prosecution proceedings or criminal proceedings in media content offences such as üdefamation (§ 111 StGB) and insult (§ 115 StGB), at Incitement (§ 283 StGB) and Defamation (§ 297 StGB).
Our focus:
Advising media companies and individuals who have been harmed by the media.
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video first interview with paul pichler
Concerns of clients in media law
Enforce compensation under media law ‘ Claim for information against social media platform ‘ Cease-and-desist letter and cease-and-desist declaration ‘ Warning letter due to credit damage and defamation ‘ Deletion of testimonials on review platforms due to disparagement of a company (Sec. 7 UWG) ‘ Have untrue testimonials (fake reviews) deleted from Google Reviews resp. delete a Google review ‘ delete untrue testimonials (fake reviews) on Tripadvisor ‘ delete a fake review or a fake evaluation on Docfinder ‘ claim for injunctive relief and damages against a former employee due to a Kununu review with untrue allegations ‘ damages due to internet defamation of character or internet defamation of reputation ‘ fight against Facebook defamation of character.
After that our clients searched the internet for media law
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