General Civil Code [Allgemeines bürgerliches Gesetzbuch] (ABGB), 1811

Document type
Legislation
Country
ABGB does not have a central provision concerning liability for intermediaries. According to Section 1295 a person can be held liable for damages caused unlawfully through a fault of his. According to Section 1301 everyone who contributes to the damage either directly or indirectly can be held liable. This includes everyone with a certain obligation to prevent the damage from arising, if they have not done so. This liability presumes that the intermediary knew about the infringement or violated a special obligation to test if the infringement occurred. Therefore an intermediary can be held liable for the infringement of personality rights by a blog post or comments under a newspaper article (Section 1330 ABGB) if the plaintiff has informed him of the infringing content and he has refused to block it.
Country
Year
1811
Topic, claim, or defense
General or Non-Specified
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)