it does not adversely affect the competitiveness of European industry or impede innovation in that sector.’ 4 Article 14 of Directive 2000/31, entitled ‘Hosting’, states: ‘1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that: (a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or (b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. … 3. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States’ legal systems, of requiring the service provider to terminate or prevent an infringement, nor does it affect the possibility for Member States of establishing procedures governing the removal or disabling of access to information.’ 5 Article 15(1) of that directive provides: ‘Member States shall not impose a general obligation on providers, when providing the services covered by Articles 12, 13 and 14, to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.’ 6 Article 18(1) of that directive provides: ‘Member States shall ensure that court actions available under national law concerning information society services’ activities allow for the rapid adoption of measures, including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved.’ Austrian law 7 In accordance with Paragraph 1330(1) of the Allgemeines Bürgerliches Gesetzbuch (General Civil Code), anyone who has sustained actual harm or loss of profit owing to damage to his reputation is entitled to claim compensation. Under subparagraph 2 of that paragraph, the same is to apply when a person reports facts prejudicial to the reputation, material situation and future prospects of a third party which he knew or ought to have known to be inaccurate. In that case, a denial and publication of that denial may be required. 8 According to Paragraph 78(1) of the Urheberrechtsgesetz (Law on copyright), images representing a person must not be displayed publicly or disseminated in another way that makes them accessible to the public if such publication or dissemination harms the legitimate interests of the person concerned or, where that person has deceased without having authorised or ordered such publication, the legitimate interests of a close relative. 9 Under Paragraph 18(1) of the E-Commerce-Gesetz (Law on electronic commerce), hosting services providers are under no general obligation to monitor the information which they store, transmit or make available, or actively to seek facts or circumstances indicating illegal activity.

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