First application of the Glawischnig-Piesczek CJEU decision

As reported, the CJEU clarified in the Glawischnig-Piesczek decision (C-18/18) the possible scope of injunctions against host providers such as Facebook. Following this decision courts may order the deletion not only of the specific infringing post but also of all information with equivalent meaning, even if it originates from other users.

In a new and unrelated case (4 Ob 36/20b), the Austrian Supreme Court (OGH) applied these principles for the first time and issued a remarkably broad injunction. The Austrian Broadcasting Corporation (ORF) acted as plaintiff against defendant Facebook. The dispute concerned the following picture of an ORF news anchor, to which an Austrian politician had added a text translating to: “There is a place where lies become news. This is the ORF”:

https://www.ris.bka.gv.at/~/Dokumente/Justiz/JJT_20200330_OGH0002_0040OB00036_20B0000_000/image002.jpg
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It is time for the yearly IPDAY at WU Vienna (Vienna University of Economics and Business) again! Taking place on Monday, September 30, 2019, the event will feature a number of presentations with a focus on copyright law in the digital single market as well as an interesting block on artificial intelligence. Outstanding international speakers will provide practical insights. An overview of recent case law in the field of intellectual property in Austrian and Germany is a further incentive for practitioners. Join us and register under https://www.ip-day.at/anmeldung.php?id=6.