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IRIS 2013-1:1/6 [AT] Administrative Court Confirms “Facebook Ban” for the ORF

On 22 October 2012, the Verwaltungsgerichtshof (Administrative Court - VwGH), which has supreme administrative jurisdiction in Austria, confirmed the so-called “Facebook ban” in the case of the Österreichischer Rundfunk (Austrian Broadcasting Corporation - ORF) and dismissed an action brought by the ORF as unfounded. In spring 2012, the Kommunikationsbehörde Austria (KommAustria), the authority responsible for regulating the ORF, established that the ORF’s provision of a Facebook page constituted an infringement of the ORF-Gesetz (ORF Act) (see IRIS 2012-3/9). The legal remedy lodged by the ORF...

IRIS 2012-10:1/6 [AT] KommAustria Criticises Lack of Variety in ORF Programmes

On 4 October 2012, the Austrian communications authority KommAustria upheld a complaint by the Verband Österreichischer Privatsender (Association of Austrian private broadcasters) and ruled that Österreichische Rundfunk (the Austrian public service broadcaster - ORF) had failed to fulfil its public service remit over an 18-month period. KommAustria also ordered that the complaints be read out on the two main channels concerned, ORF eins and ORF 2. Referring to their own evaluations of its programmes during the period concerned, the plaintiffs had argued that, contrary to Article 4(2) of the ORF-Gesetz...

IRIS 2012-10:1/5 [AT] Disclosure of IP Addresses under Security Police Act is Constitutional

On 29 June 2012, the Austrian Verfassungsgerichtshof (Constitutional Court - VfGH) ruled that the disclosure of the owner of an IP address to the security authorities under Articles 53(3a)(2) and (3) of the Austrian Sicherheitspolizeigesetz (Security Police Act - SPG) did not breach either the secrecy of telecommunications or the right to data protection. The plaintiff had given the impression on an Internet chat site that he was offering under-age children (“7-11 year olds, or even younger if required”) for sex. The Vienna police authorities were informed and took immediate steps to ascertain,...

IRIS 2012-7:1/9 [AT] BKS Clears ORF of Breaching Sponsorship Ban in Stock Market Programme

On 23 May 2012, the Bundeskommunikationssenat (Federal Communications Board - BKS) ruled that Österreichischer Rundfunk (Austrian public service broadcaster - ORF) had not infringed the ban on sponsorship of news programmes and political information broadcasts enshrined in Article 17(4) of the ORF-Gesetz (ORF Act - ORF-G) by broadcasting its weekly “Schauplatz Börse” programme. A complaint had been lodged, arguing that the programme “Schauplatz Börse” was a topical news programme for the stock market and financial sector, which should not be sponsored. The topical nature of the programme was clear...

IRIS 2012-7:1/8 [AT] BKS Considers Definition of Premium Sports Competition under ORF Act

On 23 May 2012, the Bundeskommunikationssenat (Federal Communications Board -BKS) described in detail which sports competitions should be considered as premium sports competitions in the sense of the Gesetz über den Österreichischen Rundfunk (ORF Act). Under Article 4b(4) of the ORF Act, the ORF sports channel may not broadcast sports competitions that already receive a high level of coverage in the Austrian media (so-called premium sports competitions, see also IRIS 2012-4/9). The case concerned various live broadcasts by ORF on its specialist sports channel in April and May 2012: an Austrian...