Is Using Fake Names on Social Media Legal in Austria After the 2026 Law Changes?

No, using fake names on social media in Austria violates the E-Commerce Act (ECG) and Telecommunications Act (TKG), requiring real-name verification for commercial users. The Austrian Communications Authority (Rundfunk und Telekom Regulierungs-GmbH, RTR) enforces these rules, with penalties up to €37,000 under the Media Act (MedienG). Since 2026, stricter Digital Services Act (DSA) compliance mandates platforms to verify user identities for high-risk accounts.


Key Regulations for Using Fake Names on Social Media in Austria

  • Real-Name Requirement for Commercial Activity: Under § 5 ECG, businesses and influencers must disclose their legal names when promoting goods/services. Pseudonyms are permitted only if the account holder’s identity is verifiable upon request by RTR or courts.
  • Telecommunications Act (TKG) § 96: Mandates telecom providers (including social platforms) to store user registration data, enabling authorities to trace fake accounts linked to illegal activities (e.g., hate speech, fraud).
  • Media Act (MedienG) § 24: Prohibits anonymous accounts from disseminating journalistic content or political commentary without prior disclosure of the author’s real identity to the Press Council (Presserat).

Platforms must implement Know Your Customer (KYC) protocols for accounts exceeding 10,000 followers or engaging in paid promotions, per DSA Article 24. Failure to comply risks fines up to 6% of global turnover. Private individuals using fake names for non-commercial purposes face lesser penalties but may still be compelled to disclose identities in legal disputes.