National Council: Social Media Regulation and Preparations for the End of Official Secrecy

The National Council passed a controversial amendment concerning the social media work of politicians on Wednesday evening. Through this, employees of ministerial offices can, under certain circumstances, contribute content to politicians' pages without it being considered a party donation as before. The Freedom Party reacted indignantly, believing that the four other parties wanted to decriminalize themselves.

No Retroactive Effect

Originally, the draft law also included a retroactive clause. This would have spared the ÖVP, NEOS, and Greens from high penalties from the Independent Party Transparency Senate, which were contested by the parties and therefore not yet legally binding. The retroactive effect was ultimately removed in light of increasing external and internal pressure.

FP representative Markus Tschank saw the new regulation as a "fatal signal" for the population, which, unlike the parties, must adhere to the law. The parties would effectively evade prosecution, "a judicial-political scandal." Additionally, there would be a factual unequal treatment for the political competitors in opposition.

The other parties rejected this. VP General Secretary Niko Marchetti emphasized that it was only about clarifying a previously unregulated area. SP Federal Manager Klaus Seltenheim also stressed that clear regulations would now apply in the area of social media. For NEOS General Secretary Douglas Hoyos, it is still guaranteed that not a single ministry employee can work for a party. The acting parliamentarian of the Greens, Sigrid Maurer, found the recently expressed legal opinion of the Court of Audit impractical, which is why she supported today's decision.

Not Uncontroversial

The proposal was not entirely uncontroversial within the coalition beforehand. Although there were no opposing votes on Wednesday, some critical NEOS representatives were absent, specifically Nikolaus Scherak and Stephanie Krisper, who had even actively voted against the party line on messenger surveillance. The Green parliamentary leadership supported the amendment, but two representatives refused their approval. Both David Stögmüller and Nina Tomaselli voted against it in the roll-call vote.

Specifically, it is intended that the involvement of employees in ministerial offices with social media accounts of government members is legally permitted under certain conditions without being considered a donation. The prerequisite is that the contributions clearly distinguish themselves from the party-political content of these accounts - thus limiting themselves to government work and communication - and are explicitly marked. The same should apply analogously to the social media accounts of club chairpersons and members of parliament.

Freedom of Information - Numerous Subject Laws Adjusted

Also on Wednesday, the National Council completed the legislative preparations for the end of official secrecy. With the votes of the coalition, 140 subject laws were adjusted for the entry into force of freedom of information in September. The FPÖ and the Greens expressed dissatisfaction with the manner of the repeal. The Freedom Party feared legal problems for officials, which the NEOS did not rule out either.

Technically speaking, the omnibus amendment is so extensive because the term "official secrecy" must be removed from the respective laws and instead the new constitutional requirements must be implemented. According to the Freedom of Information Act passed at the beginning of 2024, authorities and other public bodies are obliged from September to publish information of general interest or to provide appropriate information. In certain cases, however, they can still invoke confidentiality obligations. For example, information must be refused if public order and safety would be endangered.

This is where the Freedom Party's Michael Schilchegger intervened. He noted that public servants still face the pressure of fearing criminal consequences when releasing information, missing appropriate clarifications. NEOS representative Stephanie Krisper admitted that she was aware of the challenges in civil service law. Where legal protection needs to be tightened, this will still be done. SPÖ representative Muna Duzdar was more optimistic. She believes that today's legislative decision will provide legal certainty to the respective bodies.

Raab Sees Paradigm Shift

Former Minister Susanne Raab (ÖVP) also expressed confidence: "Our officials can do this, make these assessments and decisions." She does not believe that not much will change, as the FPÖ fears. It is indeed a paradigm shift. Because the rule now is information. Duzdar also saw a new political culture being created. For Raab, it might have been one of her last speeches in the National Council today. She announced her departure from the High House for the foreseeable future, as she was recently elected head of the Vienna Center for Migration Policy (ICMPD).

Raab's former government colleague Alma Zadic (Greens) wished her all the best for this. The former Minister of Justice also welcomes the Freedom of Information Act itself, which was passed under the Black-Green coalition. However, her faction rejected today's omnibus amendment because the drafts came too late and some parts were contradictory.

The start of the new freedom of information should not be shaken. As State Secretary Alexander Pröll (ÖVP) emphasized, all technical, organizational, and legislative preparations would be completed by September.

(APA/Red)

This article has been automatically translated, read the original article here.