Comment Moderation

Anyone storing other people's comments on a service they run themselves is a hosting provider for that content. That follows from section 16 of the Austrian E-Commerce Act and Article 6 of the Digital Services Act. The liability shield falls away once the provider knows about an unlawful comment and does not act without delay. Without delay means without culpable hesitation, not when it next suits. Injunctive claims exist under section 19(1) ECG regardless. Whether and from what point this applies in an individual case is a legal question for your solicitor. Document reports and your response with timestamps. The Digital Services Act, fully applicable since 17 February 2024, obliges hosting providers to run notice and action mechanisms and online platforms additionally to run an internal complaint-handling system; micro and small enterprises are largely exempt from the platform duties. For you this mainly opens an additional route when your own tools against insults and false claims fall short. Use word filters for unambiguous abuse, but do not rely on them, as they are easily circumvented. The most common mistake is silently deleting factual complaints: that routinely attracts more attention than the original comment did.