AustriaTIB-G
Officially Terrorinhalte-Bekämpfungs-Gesetz (TIB-G), Terrorist Content Online Enforcement
TIB-G, BGBl. I Nr. 80/2023, §§ 1-9
In force since .
A specific illegal content rule binding public and private bodies.
- Obligation class
- Reporting, Retention, Disclosure
As of .
What it requires
- As a hosting service provider, register without delay for delivery through a delivery service under sections 28b and 35 of the Zustellgesetz and state at registration that there are no periods in which delivery is excluded, so that removal orders can be handled securely and quickly (section 5).
- Send KommAustria, by 1 February of each year, your transparency report based on the requirements of Article 7(3) of Regulation (EU) 2021/784 (section 6(1)).
- After receiving a removal order from KommAustria, or from the authority of another Member State, remove the terrorist content or disable access to it in all Member States as soon as possible and in any case within one hour (section 7(3) Z 1 and 2).
- Comply with the other duties of Regulation (EU) 2021/784 that section 7(1) and (2) make administrative offences to breach: informing the authority of removal or blocking (Article 3(6)); restoring content after a decision finding a removal order infringing (Article 4(7)); terms-of-service provisions and specific measures (Article 5(1) to (3)) and a decision under Article 5(6); reporting on specific measures (Article 5(5)); preserving removed content and data with technical and organizational safeguards (Article 6); a policy on terrorist content in your terms of service and a transparency report (Article 7(1) to (3)); an effective complaint mechanism and informing the complainant (Article 10(1) and (2)); informing content providers (Article 11(1) to (3)); notifying law enforcement of an imminent threat to life (Article 14(5)); a contact point for removal orders (Article 15(1)); and a designated legal representative (Article 17(1), (2) and (4)).
If you get it wrong
Criminal exposureNo
Penalty structure
Section 7(3): not removing terrorist content, or disabling access to it, within one hour after a removal order is an administrative offence punishable by a fine of up to 1 million euro.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 1,000,000
Who enforces it
Enforcement body
KommAustria (Kommunikationsbehörde Austria), designated as the penalty authority for section 7 (section 2(1)).
What this law does
The Terrorinhalte-Bekämpfungs-Gesetz regulates the implementation in Austria of the obligations that arise from Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online. Section 2(1) designates KommAustria as the competent authority for issuing removal orders, for reviewing removal orders and for overseeing specific measures, and as the penalty authority for section 7.
Section 5 requires every hosting service provider to register without delay for delivery through a delivery service under sections 28b and 35 of the Zustellgesetz and to state at registration that there are no periods in which delivery is excluded. Section 6(1) requires hosting service providers to send KommAustria their transparency report by 1 February of each year.
Section 7(3) makes it an administrative offence, punishable by a fine of up to 1 million euro, not to remove terrorist content or disable access to it in all Member States as soon as possible, and in any case within one hour, after receiving a removal order. Section 7(1) carries a fine of up to 50,000 euro for the breaches it lists, including failing to register for delivery under section 5.
Section 7(2) carries a fine of up to 500,000 euro for the breaches it lists, including failing to take the specific measures against the dissemination of terrorist content. In the case of systematic or continuing breaches of the removal duty in section 7(3) Z 1, section 7(4) requires KommAustria to impose a fine of up to 4 % of the provider's worldwide annual turnover in the preceding financial year. The Act has applied since .
When LexLint raises it
When your app profile says your app operates a social platform.