OSCE Media Freedom Representative publishes legal review of Austria’s draft Law on Diligence and Responsibility Online

VIENNA, 4 June 2019 – The OSCE Representative on Freedom of the Media, Harlem Désir, published today a legal review of the Austrian draft Law on Diligence and Responsibility Online. The review was officially sent on 23 May 2019 to the President of the National Council, Wolfgang Sobotka, and to the Ministry for the EU, Art, Culture and Media.

The Office of the OSCE Representative on Freedom of the Media commissioned an expert analysis prepared by Nikolaus Forgó, Professor of Law at the University of Vienna. The legal review analyses and compares the draft law with OSCE commitments and examines it in the context of international standards on freedom of expression and media freedom.

“While the intent of the draft law is legitimate, its current state poses concerns with regard to OSCE media freedom commitments and international standards. Revoking online anonymity and placing a quasi-judicial role on service providers to assess the lawfulness of a request to share personal data of forum users, as well as a quasi-law-enforcement function placed on them to record all suspected posts may have adverse effects to what the draft law intended,” Désir said.

The legal review underlines the risk of creating a climate in which the identity and activity of online media actors in Austria are encroached upon, potentially having a chilling effect on media freedom online. The analysis also emphasizes the risk of a fragmented jurisdiction which would apply to user platforms.

“I hope that this legal analysis will be a useful document in the debate relating to the draft law and I hope the comments and recommendations provided therein will be taken into consideration. My Office stands ready to assist Austria by providing further assistance and support to the authorities in this endeavour,” the Representative concluded.

The full text of the legal review is available here.