Austrian Court Protects Against AI-Generated Fake Images, Upholding Personality Rights

A recent ruling by the Vienna Higher Regional Court (OLG Wien) offers strong protection against the misuse of personal identity through artificial intelligence. The court affirmed that AI-generated or manipulated images can infringe upon an individual's personality rights, even if the alterations are subtle.

The case involved manipulated images of well-known publicist Sebastian Bohrn Mena. These images, created using AI, depicted him laughing about a "lawsuit orgy," a statement he never made. A private television channel published these altered images in a critical article, leading to the legal challenge.

The court's decision, specifically the ruling in case 2 R 178/25y, clarifies that the key factor is the image's effect on the viewer, not the technical means of its creation. The court rejected the television channel's defense based on freedom of expression, press, and art, stating that the manipulated image did not constitute a caricature or satire because the alterations were not recognizable, and the impression was of a real action.

This judgment underscores that the legal framework, particularly Section 78 of the Austrian Copyright Act (Urheberrechtsgesetz), protects the individual behind the image, regardless of whether it was photographed, edited, or created with AI. The ruling emphasizes that placing a person into a false narrative through digital manipulation constitutes a violation of their rights.