Duty LXD-5905
Publishes adult content, in Austria
Each law's tag says when it binds: since in force proposed proposed
StGB Section 207a(4)(4), Computer-Generated and Altered Child Sexual Abuse Materialsince 2 lines
StGB Sec. 207a(4)(4), BGBl. Nr. 60/1974 as amended by BGBl. I Nr. 135/2023 · Read the law's page
- Do not produce, offer, procure, supply, show, or otherwise make accessible a realistic image that, whether AI-generated, altered, or unaltered, creates the impression of a sexual act involving a minor, per StGB Section 207a(1) and (4)(4).
- Do not knowingly access such an image online, or possess or procure one, per StGB Section 207a(3) and (3a).
Audiovisuelle Mediendienste-Gesetz (AMD-G, Audiovisual Media Services Act), Section 54e, measures by video-sharing platform providerssince 5 lines
AMD-G § 54e (BGBl. I Nr. 84/2001) · Read the law's page
- Applies to the provider of a video-sharing platform established in Austria.
- Subject content of gratuitous violence, and content that mainly consists of the unreflective depiction of sexual acts, to effective access control by age verification.
- Make content that can impair the development of minors available only in a way that minors do not usually follow it, for example through parental control systems.
- Give users an easy function to rate that content.
- Offer users a transparent procedure to complain about inadequate implementation of these duties.
Produkthaftungsgesetz 2026 (PHG 2026), ministerial draft 151/ME implementing Directive (EU) 2024/2853proposed10 lines
Entwurf Bundesgesetz über die Haftung für ein fehlerhaftes Produkt 2026 (Produkthaftungsgesetz 2026 – PHG 2026) · Read the law's page
- If you develop or make software, or have it designed or made, you answer as its manufacturer; free and open-source software developed or supplied outside a business activity is outside the Act (§§ 2(1), 2(10) and 17 point 1).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (§§ 2(5) and 8(2)).
- Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (§ 5(2) point 6), and failing a binding requirement that protects against the injury suffered presumes it defective (§ 7(2) point 2).
- Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (§ 5(2) point 3).
- Keep records you could produce if a court orders disclosure on a claimant's plausible claim; failing to disclose relevant evidence after a court order presumes the product defective (§§ 6(1) and 7(2) point 1).
- If you are a manufacturer established outside the Union, your importer and your authorized representative answer as the manufacturer does, and where there is neither, the fulfilment service provider answers (§ 3(1) point 3).
- If you substantially modify a product outside the manufacturer's control and then make it available on the market or put it into operation, you answer as its manufacturer (§ 3(2)).
- If you are a supplier, or an online platform that lets consumers conclude distance contracts with traders, name an economic operator established in the Union or your own supplier within one month of an injured person's request, or you answer for the defective product (§ 3(3) and (4)).
- Do not rely on a contract term to exclude or limit your duty to compensate in advance (§ 9).
- A claim under the Act is time-barred three years after the injured person knew or should have known of the damage, the defect and the liable operator, and ten years after you put the product into circulation or into operation (25 years for a latent bodily injury) unless proceedings were started earlier (§§ 13 and 14).