Posts tagged #freedom of expression

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OGH on the Limits of Freedom of Expression

Civil Law 

Satire presupposes that the audience can understand that the object of parody did not originate from the producer of the parodied work but is a product of the parodist’s freedom of opinion. In the case at hand, the plaintiff, an Austrian political pa...

OGH: Is a One-star Rating Legally an Insult?

Civil Law 

One-star ratings are purely subjective as well as unverifiable value judgements that can only be right or wrong based on the personal opinion of the person giving the rating and thus only reflect the obviously subjective view of that individual. In t...

OGH: Politician ‘Collusion’ Ahead of Committee Interview

Civil Law 

In democratic societies, one of the main functions of the press is to shed a critical light on political events. In so doing, the press must be given the opportunity to fulfil its vital role as a public watchdog. The plaintiff in the case at hand is ...

OGH: Data processing in a teacher evaluation app is permissible after all

Öffentliches Recht 

In this case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) examined the question of prohibiting the processing of personal data in the course of evaluations of a teacher. The plaintiff is a teacher at an HTL (a Higher Technical Education In...

G: Rights against social network providers for deletion of posts

According to the Federal Court of Justice (Bundesgerichtshof, BGH), users of the social network Facebook have a right to the unblocking of the post that was blocked and deleted under the accusation of hate speech and for the injunction of a renewed a...

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