According to the draft law, internet users would be required to register their real names and addresses in order to leave online comments.
This law would apply to all major websites: those with more than 100,000 registered users, those who make more than €500,000 (£430,000) per year, or who receive press subsidies of at least €50,000 (£43,000). The draft law allows exemptions for e-commerce sites, and those with different business models, such as those which do not earn money from content or advertising.
The idea is that malicious comments can be traced back to the people behind them, who can subsequently be held accountable. While users will be able to continue using screen names to post online, authorities would retain a way of finding the true identity of users if necessary (for instance, if they harass others or otherwise violate the law).
Companies that fail to enforce the law could face fines of up to €500,000 (£430,000), or €1,000,000 (£860,000) for repeat offences. Meanwhile, the users themselves could be fined up to €100,000 for posting inappropriate content, such as harassing other people.
If the law is passed, it will come into effect in the country in 2020. This will require it to get a stamp of approval from the European Commission, as it would create requirements for websites based outside Austria.
As online hate speech, disinformation, abuse, harassment and sharing of violent content has been publicly acknowledged as a serious problem, some policymakers are considering limiting online anonymity to discourage this type of behaviour. In August 2017, the Chinese internet censor published new rules requiring internet users to register on websites with their real names.
In the UK, Labour MP Jess Phillips – who has become a popular target for online abusers, once receiving 600 rape threats in a single evening – has floated the idea of unmasking bullying and threatening users on major social networks. Phillips’ colleague, Labour MP Jo Cox, was murdered by a terrorist with links to far-right online communities in the run-up to the EU referendum campaign in 2016, while another far-right extremist was jailed in June 2018 for plotting to murder Labour MP Rosie Cooper.
In December 2017, the Committee on Standards in Public Life warned that intimidation – such as rape threats sent via social media – was putting people off standing for public office, and that websites hosting this illegal content must take responsibility for it.
Meanwhile, online harassment has also been credited with hounding non-political public figures, such as Star Wars actress Kelly Marie Tran, who deleted all her Instagram posts, reporting months of racist and sexist abuse on social media.
Despite the necessity for action to stamp out online abuse, the Austrian law is likely to spark concern from privacy advocates, particularly given that it could lead to more sensitive personal information being acquired when websites hosting user-generated content are breached by hackers. For instance, it could become easier to dox (release private information such as home address or phone number) internet users on a wide scale with troves of identifying information stored on website servers.
There is also the possibility that the law could fail to combat hate speech in some of the most niche and dangerous parts of the internet, such as small forums for users with extreme political views. These small websites would be unlikely to fall within the remit of the law.
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