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The Austrian operators of public telephone services are to receive EUR 17 million for costs incurred as a result of implementing the Überwachungsverordnung (Monitoring Ordinance – ÜVO). This has been determined by the Investitionskostenverordnung (Investment Costs Ordinance– IKVO) recently issued by the Austrian Federal Ministry of Justice. According to the Monitoring Ordinance, public telephone service operators are obliged to make the necessary technical facilities available for the monitoring of telecommunications in connection with criminal investigations carried out under sections 134 ff....

On 1 September 2008, the Bundeskommunikationssenat (Federal Communications Court – BKS) reached a further decision (Case 611.009/0013-BKS/2008) on alleged offences reported by the Kommunikationsbehörde Austria (Austrian broadcasting regulator – KommAustria) concerning programmes broadcast by ORF. In this second decision, the BKS dismissed KommAustria’s allegation that in three programmes broadcast by ORF1 on 9 November 2004 there had been a breach of section 14(5) of the Bundesgesetz über den Österreichischen Rundfunk (Austrian Broadcasting Corporation Act – ORF-G) relating to product placement....

In a decision dated 1 September 2008, the Bundeskommunikationssenat (Federal Communications Court – BKS) gave a ruling on an alleged offence reported by the Kommunikationsbehörde Austria (Austrian broadcasting regulator – KommAustria) concerning programmes broadcast by ORF. The decision relates to a programme broadcast by ORF2 on 1 April 2005 in which, according to the Court, there was a breach of the ban on teleshopping contained in section 13(2) of the Bundesgesetz über den Österreichischen Rundfunk (Austrian Broadcasting Corporation Act – ORF-G). In the context of these proceedings, the BKS...

A remarkable decision has been taken by the Oberster Gerichtshof (Supreme Court – OGH) on the question of the principles that apply to the interpretation of political statements when an assessment has to be made of whether the person making the statement is to be punished for the resulting injury to the honour of the politician criticised. The origin of the case was a caricature in a publication for politically interested readers that appeared in the year 2000. It showed Mr K, a politician of the Freiheitliche Partei Österreichs (Austrian Freedom Party – FPÖ), surrounded by women and children and...

For four decades, the non-governmental Presserat (Press Council) monitored compliance with journalistic standards in Austrian newspapers. In 2002, the Verband Österreichischer Zeitungen (Association of Austrian Newspapers - VÖZ) withdrew because it felt the Press Council had too much influence. Since then, the Press Council, although legally still in existence, has been inactive. In July 2008, the Gewerkschaft der Privatangestellten Druck, Journalismus, Papier (Journalists' Union), the VÖZ and the Verein der Chefredakteure (Editors' Association) reached a fundamental agreement. The Österreichische...