2009-11-24 – by Attorney Dr. Stefan Lausegger (Column)
According to a current government bill, media activity will be subject to a much tighter legal framework from the beginning of 2010 than it is now. In particular - and this is the most inappropriate case imaginable - after Amstetten, the current Minister of Justice has set out to significantly strengthen the protection of victims of criminal acts under media law. However, this can only be implemented at the expense of freedom of the media and information. As things currently stand, compensation amounts are to be increased (in some cases) fivefold to €100,000.00, and relatives and witnesses of criminal acts are also to enjoy increased identity protection. Reporting from the "official building" (i.e. in particular from court hearings) is to be made dependent on the prior consent of the court, and a so-called "paparazzi" paragraph is currently being planned (a completely new one), which concerns the production or publication of images from the private sphere. Importantly, in contrast to other defamation crimes (which, as private prosecution offenses, always involve a risk for the “insulted party”), the prosecution in this case should be undertaken by the public prosecutor.
The current draft is excessive; it will also lead to an increase in the number of media law proceedings and an immense increase in the burden (a side effect of the amendment that was probably not planned). It does not, however, simplify the application of the law (by means of urgently needed clarifications), which is a missed opportunity at a time when there are differing decisions about whether reporting on an anonymous complaint against a politician or publishing a photograph of a former kidnapping victim who is very media-friendly in a Viennese disco is legal or not. It remains to be seen whether the joint resistance of journalists and legal practitioners will lead to the 2010 amendment to the media law also preserving freedom of expression - which is the purpose of this law - rather than just restricting it.
Further information on the topic Media Law.