Austria: Law to Combat Hate in the Internet with fast-track takedown procedure enters into force

On 1 January 2021, the Law to Combat Hate on the Internet (German: Hass-im-Netz-Bekämpfungs-Gesetz – HiNBG) has entered into force. 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 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 has 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.