Host Provider Liability For Hate Speech Posts And Obligation To Deliver User Data

No liability of host providers for unlawful content of internet-users in case of timely deletion of hate speech posts | Obligation to deliver user data in case conviction is possible or not totally excluded

The operator of an online discussion forum in principle cannot be held liable for unlawful content of users provided that the incriminated content is deleted in due time. The deletion of posts on the day of the service of the lawsuit is seasonable. The operator is obliged to deliver user data upon a third party's request in case the prosecution of the alleged infringement initiated by the plaintiff is "possible" or "not totally excluded".

FACTS OF THE CASE

As part of an online discussion forum operated by a media owner internet users published posts designating the plaintiff and CEO of another media group in Austria as rat/unprincipled person ("Charakterschwein") and retard ("Vollidiot") and comparing him to Joseph Goebbels. Subsequently, the entrepreneur