Austria: Law to Combat Hate in the Internet with fast-track takedown procedure adopted

On 17 December 2020, the Law to Combat Hate in the Internet (German: Hass-im-Netz-Bekämpfungs-Gesetz – HiNBG) has been approved by the Federal Council, and has therefore been adopted. It enters into force on 1 January 2021. 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.