Oberster Gerichtshof, 6 Ob 190/03i

Document type
Court Decision
(1) An Austrian Bishop claimed that an online newspaper article infringed his personality rights. He sued the newspaper publisher for injunctive relief. The defendant claimed that he is not a hosting provider and therefore cannot be sued for injunctive relief.
(2) Due to the defendant's misconception about the interpretation of Section 16 ECG, the Court had to point out that Section 16 ECG does not establish the liability of hosting providers, but rather determines the conditions under which they are not liable for the actions of third parties. The Court also pointed out that hosting providers can be sued for injunctive relief (Section 19 ECG) regardless of Sections 13-17 ECG.
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Highest Domestic/National (including State) Court
Type of service provider
Host (Including Social Networks)
Type of law
General effect on immunity