Austria: Law to Combat Hate in the Internet with fast-track takedown procedure introduced in National Council

On 18 November 2020, the Law to Combat Hate in the Internet (German: Hass-im-Netz-Bekämpfungs-Gesetz – HiNBG) has been introduced in the National Council of the Austrian Parliament. It contains a specific procedure relating to violations of personality rights in the form of hate posting on electronic communications networks. Under the procedure, courts would grant an injunction in cases where such a violation is made clear from the evidence provided in the request for an injunction without requiring a prior hearing. The respondent would have a 14-day period to object to the injunction. Where the alleged violation carries intolerable negative consequences for the affected party or the constitutional order, the court can grant immediate enforceability to the injunction.