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Media transparency: New regulations for public advertising measures

The amendment to Federal Law Gazette I No. 50/2023 came into force on 1 January 2024, which tightened the "Act on the Transparency of Media Cooperation and Funding" (MedKF-TG). The MedKF-TG regulates various content requirements for the advertising measures of public legal entities, i.e. basically for all legal entities that are subject to auditing by the Austrian Court of Audit. The amendment brings with it some significant changes.
While the requirements previously only applied to paid publications in periodical media, they have now been extended to all forms of paid advertising services, regardless of the frequency of publication of a medium. The regulations therefore also apply to media of a non-periodic nature, such as posters, social media advertising and sponsorship. Under the old legal situation, no disclosure was required up to a de minimis limit of EUR 5,000. The de minimis limit has been completely abolished with the amendment. If the remuneration paid exceeds EUR 10,000 within a six-month period, the respective subject of the advertising service must also be published. In addition, legal entities must publish a half-yearly report on their own website if an advertising campaign ("advertising services related in terms of content or subject matter") is commissioned for which the remuneration paid exceeds the amount of EUR 150,000. If the fee for such advertising services exceeds EUR 1,000,000, an impact analysis of the advertising campaign must also be carried out and published.
The amendment also increases the penalties: Anyone who fails to fulfil the disclosure obligation in good time and allows the grace period to expire unused is liable to a fine of up to EUR 50,000, or up to EUR 100,000 in the event of a repeat offence.