2023-12-20 20:35:41
State Chamber also confirms DSA accompanying law
Vienna (PK) – In order to take into account a finding by the Constitutional Court on the elimination of unequal treatment of same-sex parenthood, the Federal Council Today the majority has the green light for this Parentage Rights Adjustment Act 2023 as well as the necessary accompanying changes to the Personal Status Act.
In addition, the majority of the state chamber spoke in favor of this Companion law to the European Digital Service Act (DSA) out of. The EU regulation will replace the national communication platforms law from February 17, 2024. However, an SPÖ motion for a resolution introduced at the meeting regarding “Bringing the Digital Services Act to life in practice” did not find a majority among the mandataries.
Adjustments to parenthood through the new Parentage Rights Adjustment Act
With the changes to the General Civil Code (ABGB) made by the Parentage Rights Adjustment Act 2023, children of women who live in a same-sex marriage or registered partnership will automatically have two parents in the future, even if they were conceived without in vitro fertilization. This creates equality with children born in a heterosexual marriage. In addition, the person who provided the sperm for non-medical reproduction cannot be identified as the father if the partners have agreed on such reproduction. The amendment also expressly prohibits any commercialization and mediation of non-medically assisted reproduction and linguistically covers the “third gender”.
Markus Leinfellner (FPÖ/St) spoke of a “senseless law” that the Freedom Party “could not be a part of”. It is “completely contrary to nature”; according to the law, women can now accept fatherhood.
Elisabeth Kittl (Greens/W) saw things differently. We are taking a further step towards equality for all genders, as well as equality between marriages and registered partnerships. The regulation also creates legal certainty for sperm donors so that they do not have to assume paternity.
Viktoria Hutter (ÖVP/N) agreed, who also spoke of legal certainty for sperm donors and of guaranteeing parentage for children. They responded quickly to the Constitutional Court’s findings and found a low-threshold solution.
Elisabeth Grossmann (SPÖ/St) signaled her parliamentary group’s agreement to eliminate discrimination in parentage law. What is still missing in this area is data protection for sperm donors who want to remain anonymous.
Justice Minister Alma Zadić was pleased that there was now clarity as to who would take care and support of children. In the future, same-sex couples would be able to recognize children under the same conditions. This ensures stability and puts the child’s well-being at the center, said the Justice Minister.
DSA Accompanying Act: Accompanying measures to the EU regulation
The European Digital Service Act (DSA) replaces the Communications Platform Act passed in Austria in December 2020. The EU Digital Services Regulation will apply directly in every member state of the Union from February 17, 2024. In particular, very large online platforms (VLOPs) and very large online search engines (VLOSEs) will have to meet numerous requirements to curb hate online. The DSA accompanying law required for this provides for accompanying measures to the EU regulation, which serve the domestic implementation of the EU regulations. This is also intended to ensure that applicable federal law does not contradict the EU regulation.
Elisabeth Kittl (Greens/W) emphasized that the new regulations are a “milestone against hate speech and manipulation” and have the potential to set a new global standard. In the future, the DSA will provide users with uniform protection across Europe from illegal content and opaque algorithms. The Green Party representative also welcomed stricter transparency rules for platforms.
Klara Neurauter (ÖVP/T) stated that the Internet is not a legal vacuum; the DSA is now introducing new barriers and regulations. It is a work that has been negotiated for a long time and one can criticize one thing or another. Hate on the internet is a sad reality, especially for women, says Neurauter. In the future, large Internet companies would have to name contact persons in Austria and would be obliged to act more quickly in the event of violations.
Stefan Schennach (SPÖ/W) also expressed his approval. It is a first and major political step at the European level against large and powerful corporations. “In this way we are securing democratic achievements,” said the SPÖ representative. Schennach also spoke out in favor of better financial resources for so-called “trusted flaggers” and out-of-court dispute resolution bodies, which he supported with a motion for a resolution.
Andreas Arthur Spanring (FPÖ/N) saw it differently. It is not about combating hatred on the Internet; instead, the DSA serves to restrict and suppress freedom of expression and to “totally monitor all citizens on the Internet.” Data protection officers would give the DSA a “devastating report”. This violates the EU Charter of Fundamental Rights and leads to indiscriminate surveillance of sensitive data. (Federal Council conclusion) med
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