The legal requirement to provide a legal notice in Austria

Did you know that, under the Media Act, you must include a legal notice on a flyer, brochure or periodical publication? No? You’re not alone – many other businesses are in the same boat.

For this reason, we have put together a brief overview for you here of the things you need to bear in mind to ensure your printed materials comply with the law. 

What is a legal notice?

A legal notice contains details of the origin of a printed work and information about the manufacturer. Depending on where a legal notice is located, there are different legal requirements that must be complied with. In Austria, media works are regulated by Section 24 of the Media Act. 

Who is the media owner?

It’s very simple: You are the site owner! Let’s say you want to create a product flyer for your business. A graphic designer might create the print material itself, but you commission it and are therefore automatically the media owner. This is because you are responsible for the content and ensure its distribution.

Which print runs are affected?

Essentially everything, from flyers and brochures to posters, magazines or annual reports. In addition, please note the following: if you publish a printed publication periodically – i.e. at least four times a year – you must provide further information! Examples include monthly magazines, club newsletters, customer magazines, etc. 

Here are a couple of examples:

WHY do I have to include a legal notice?

Should the content of the printed material infringe applicable law, it must be clear who is responsible for the material. Only then can claims be addressed to the correct person and legal action taken.

Extract from Section 24 of the Media Act 

‘Media owner’ is subject to the Media Act, “anyone who operates a media company or a media service, or who otherwise facilitates the publication of media works by distributing media items”.

1. Every printed item must bear the name or company name of the media owner and the manufacturer, as well as the place of publication and manufacture. This stipulates that every printed item – from flyers and posters to annual reports – must contain this information.
2. Every periodical publication (published at least four times per calendar year) must also include the address of the media owner and the editorial office of the media company, as well as the name and address of the publisher. If a periodical publication contains a table of contents, this must also indicate where the legal notice is to be found.
3. In any recurring electronic medium (e.g. radio, website, regular newsletter), the name or company name and the address of the media owner and the publisher must be stated.

On every Periodical Media Works are In addition

• the Address the media owner and the editorial team of the media company, as well as
• Name and address The publisher must be specified.
• If a periodical publication contains a Table of contentsIt must also be stated where the legal notice is located.
• In the case of periodical publications, the legal notice must state under which Web-Address: Disclosure information are always easy and quick to find, or this information must be included in each issue of the periodical.

If you want to know exactly what’s on offer, you can Click here for the full legal text Read through and take it all in.