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Dear transatlantic platform regulation fans @daphnehk @evelyndouek @Klonick (back yet?) @daniellecitron ... there's a new normative player in town. Austria has notified its own #NetzDG to the Commission: bit.ly/3jNf4OG Slight disadvantage: there's only a German version
So I'll give you some first highlights: 1) It's called Kommunikationsplattformen-Gesetz (Communications Plattform Law, KoPl-G). 2) It applies to communication platforms of a certain size/turnover, media companies and their comment sections are exempt, as is Wikipedia. However,
chat functions of games like WoW could be covered. 3) Platforms have to provide a notice procedure and a obligatory internal review procedure. There is a put-back-claim!
4) The section on transparency reports is very similar to NetzDG. 5) There is a fun section saying that if platforms don't notify somebody who can receive complaints in time, then the authorities can oblige third parties to pay their platform ad bills to the authorities.
6) If either the notice procedure or the review procedure doesn't satisfy users they can go to complaints/appeals body within the Austrian radio and telecommunications regulator RTR GmbH.
7) "The appeal body shall seek an amicable solution by preparing a proposal for a solution and communicate its views on the case in question to the user and the platform". The Austrian Communications Agency KommAustria acts as a supervisory authority.
§ 9 (3) is well drafted (quick and dirty translation, sorry): "In its assessment of appropriateness (of the design of platform complaints procedures) ... the supervisory authority shall take into account that the measures required of the service provider ...
... must not result in a general prior filtering of the content. Both the measures and the precautions required must be suitable and proportionate for achieving the intended objectives - such as in particular increasing the efficiency of the protective mechanisms for users, ...
... protecting the general public from illegal content and safeguarding the interests of the persons individually affected by such content - taking into account the legal interests of the service providers."
The Commission now has three months to think about everything. There were not insurmountable hurdles for either GER or F to overcome after notifying NetzDG and Loi Avia, so I don't expect trouble from that front.
If you keep up to date with Austria's stellar platform governance community, follow @brodnig @socialhack of @epicenter_works @benwagne_r of @SCLab_Europe ...
... @wbene and Gregor Fischer of @UniGraz and @danielagrabovac of #banhate and the Styrian Antidiscrimination Bd (I dabble, too, with the great teams at @BredowInstitut @hiig_berlin)
I forgot to add that KoPl-G ist one part of a bigger anti-online-hate package including innovative stuff like: an online form with local courts to delete postings "that violate human dignity" in order to obtain a cease and desist order without a hearing.
Cybermobbing is prohibited already after the first post (like one non-consensually published nude picture) and not only after a pattern of this behaviour.
Previously (online) slander and insult were "private prosecution offenses", in which the victim had to find out about the perpetrators themselves. In the future, the authorities will investigate the accused person, if requested by the victim through a court.
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