(1) An Austrian politician sued the publisher of an online newspaper for disclosure of the names and email addresses of users who posted allegedly infringing comments in the discussion forum under a certain article about the politician.
(2) The Court confirmed that the defendant was obliged to disclose the information about the users according to Section 18 (4) ECG. The plaintiff did not have to prove that the comments were infringing. He only had to show probable cause why the comments were infringing. Further the Court ruled that the protection of sources due to journalist confidentiality in Section 31 Mediengesetz (Media act) was not applicable.
Topic, claim, or defense
Defamation or Personality Rights
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Data Retention or Disclosure
Type of law