Legal definitions
“Child” is defined as a person under the age of 7. Minors under 14 years of age but older than 7 years of age are “minors under the age of majority”. Minors between the ages of 14 and 18 are “minors of legal age,” and a person is considered an adult when they turn 18. There is no definition of “child sexual exploitation,” “sexually explicit conduct,” “child sexual abuse,” “grooming,” “enticement”, or “sextortion” but related conduct is prohibited under Austrian law. While not explicitly defining “child pornography” or “child sexual abuse material” (CSAM), the concepts are included and prohibited in the Austrian Criminal Code. Prohibited material includes imagery that is computer generated. The age of consent for sexual activity is 14, with multiple close-in-age exceptions for children over age 12.
Regulatory requirements/recommendations
As an EU Member State, Austria is subject to the Digital Services Act, which does not require online platforms to proactively monitor all user content. However, such services are required to deploy mechanisms that allow for notification of illegal content. The online platform is not liable for CSAM unless it is made aware of such content and fails to remove or disable access to it. Online platforms are also required to secure the content, details about the time of its creation, and any data necessary to identify the author for evidence purposes.
Age verification requirements/recommendations
As an EU Member State, Austria is subject to the DSA, which does not impose a general obligation on online platforms to implement age verification before allowing access to their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
Section 20 of the Austrian General Civil Code provides the legal basis for injunctive relief in cases of infringement upon personal rights. This claim may be brought against the person uploading the content, and possibly against an intermediary. Victims may also claim damages through criminal or civil proceedings. If a person is a victim of an act that is punishable by more than 6 months of imprisonment, they are entitled to assistance, including compensation for loss of earnings, medical care, vocational rehabilitation, and lump sum compensation for pain and suffering. Victims are entitled to updates on key stages in the criminal process.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.