european-union germany consumer-protection libel austria
Is it legal to divulge information about a company (kindergarten) online in Austria?
<p>The situation is the following: We have made a very bad experience with a kindergarten in Vienna and would like to divulge (make public) the experience we made with this kindergarten.</p>
<p>This would involve a website where we share our personal experience in the form of a blog post as well as a FAQ section where information about this kindergarten is provided, most of the information official.</p>
<p>Can this in any case be considered defamation or libel? Some people in Austria we've spoken to have told us that this could be illegal in Austria and that we should instead just leave a review on google. Is this true? Then surely most reviews or posts about bad experiences with X company must be illegal in Austria?</p>
<p>Worth noting is that we would not spread any false information, just recount our own personal experience dealing with the management of this kindergarten and their employees (no name calling).</p>
<p>The blog post would just mention how it was and retell basic things like the management being rude to us, that we were lied about the education of the teachers (montesori), that staff was late or never showed up, we were yelled at when hugging our daughter in kindergarten and told its strictly forbidden on the premises etc.</p>
<p>The FAQ section would have entries such as:
Q: Can I reach anyone in the staff of KINDERGARTEN_X by telephone in the case of an emergency?</p>
<p>A: Unfortunately this kindergarten has a strict no phone policy which means that parents at KINDERGARTEN_X have to write an email in the case of an emergency, a reply can take up to 7 days and might never come.</p>
<p>Q: May I pick up my kid earlier than usually on some days?</p>
<p>A: No, kids at KINDERGARTEN_X must be picked up at the same time everyday, they are also not allowed to miss out on a day unless they are sick, this also applies to 1 year olds.</p>
<p>Q: Am I allowed to talk to the teachers?</p>
<p>A: No, apart from greetings please do not speak to the staff of KINDERGARTEN_X and only write to them. The reason for this, as quoting the CEO of the company: &quot;Our staff is not interested to hear about peoples holidays and chatting all day long&quot;.</p>
<p>Q: Is the food really cooked fresh everyday?</p>
<p>A: No, the food is only cooked twice a week.</p>

<p>In Austria they have a law about &quot;<a href="https://www.oesterreich.gv.at/themen/bildung_und_neue_medien/internet_und_handy___sicher_durch_die_digitale_welt/3/3/Seite.1720217.html" rel="nofollow noreferrer">Kreditschädigung</a>&quot; (website from the Austrian government, &quot;credit damage&quot;) translated by Google as:</p>
<blockquote>
<p>Because of credit damage, a person is liable to prosecution if he or she asserts incorrect facts and thereby harms or endangers the credit, the acquisition or professional advancement of another person. A prison sentence of up to six months or a fine of up to 360 daily rates is provided for the offense of credit damage.</p>
</blockquote>
<p>If you setup a webpage which lists things which might harm somebody's business, you have to proof that every single claim you make is correct (not just your individual experience). So if you have solid proof for each of your claims of your Q&amp;A, you might win a probable law suite.</p>
<p>The way you wrote it, it might be difficult to proof because it seems to be your personal experience. See also <a href="https://www.schadenersatz24.at/ratgeber/schaedigung-der-ehre/kreditschaedigung/" rel="nofollow noreferrer">here</a> for details. (in German).</p>
