Media Law & Media Criminal Law
Media-law conflicts require swift, precise action and a secure understanding of the interfaces between civil and criminal law. I advise and represent private individuals, companies and media owners in media-law and media-criminal-law matters, predominantly in Vienna and Lower Austria. The focus is the protection of personality rights, the enforcement or defence of injunction and retraction demands, and claims under the Media Act, including damages and compensation.
Key focuses
- Media proceedings and impermissible reporting
- Protection of honour and damage to credit/reputation
- Injunction, retraction, damages
- Social media and online reviews
- Defamation, slander and insult
- Private prosecution offences
- Right to one’s own image
- Interfaces with the Code of Criminal Procedure and the Code of Civil Procedure
- Representation before both criminal and civil courts
FAQ
Something false has been alleged about me online or in the media – how should I proceed?
Secure the publication immediately as evidence: screenshots, URL, date and time, if applicable also the comment view and reach. Initially do not make any public counterreactions if it is still unclear which legal steps are sensible. Then it should be legally examined whether it is a statement of fact or a value judgment, because injunction, retraction, right of reply, or damages can depend on that. It is also important who is responsible (media outlet, platform, user). The earlier you document, the better your claims can be enforced.
I am being insulted or threatened on social media – what can I do?
Secure the content completely (screenshots, links, profile name, date, comment history, reposts). Depending on the content, both civil-law steps (injunction, where applicable damages) and criminal-law steps may be considered. In addition, action via the platform’s reporting mechanisms can be sensible. Important is a strategic decision whether you primarily seek swift removal, lasting injunction, damages, or also criminal consequences. Early classification by legal counsel prevents evidence from being lost or deadlines being missed.
Do I have to fear legal consequences if I like or repost posts on social media?
In individual cases this can have legal consequences, depending on the content of the post and your specific action. A “like” can act as approval; sharing or reposting is, however, regularly more sensitive, because content is actively further disseminated and you may, depending on the constellation, be seen as a media owner and thus in a media-law relevant role. Decisive are context, reach, accompanying comment and whether the content is unlawful (e.g. insult to honour, damage to credit/reputation, or violation of personality rights). Whether a risk actually exists can be assessed seriously only on the basis of the specific post; an early review helps to avoid follow-up steps and escalation.