Search results : 487

On 10 October 2022, the District Court of Midden-Nederland (Rechtbank Midden-Nederland) published a significant judgment on the obligations of broadcasters to provide a right to respond. Notably, the Court refused to prohibit a broadcast over an alleged insufficient opportunity to respond, holding that “rebuttal is not an absolute right”, and the way in which a rebuttal is processed is part of “journalistic freedom”. The case concerned an episode of BOOS, an investigative journalism and consumer protection programme broadcast by the Dutch public broadcaster BNN-VARA....

On 4 October 2022, the District Court of The Hague (Rechtbank Den Haag) delivered an important judgment on whether online platforms can be ordered to remove harmful conspiracy theory content by a local government authority. Notably, the Court refused to order Twitter to remove conspiracy theory content that was “similar” to other content that had been ruled unlawful, finding that it would amount to an impermissible filtering obligation. The case arose in early 2021, when a number of individuals spread a story through Twitter, on the “Bodegraven story”, (“het verhaal...

On 19 July 2022, the Gerechtshof Arnhem-Leeuwarden (Arnhem-Leeuwarden Court of Appeal) delivered an important judgment, upholding an earlier lower-court judgment on the media standards applicable to news and opinion websites operated by public broadcasters (see IRIS 2021-10/21). Notably, the Court upheld important principles on the freedom of public broadcasters to criticise public figures, and refused to order a rectification against a public broadcaster sought by a public figure over various online articles. The case involved a well-known Dutch activist who campaigned against Covid-19 measures...

On 18 July 2022, the application by a Dutch coalition of ISPs and media organisations to the Court of Justice of the European Union (CJEU) seeking annulment of the Council of the European Union’s recent bans on Russia Today and Sputnik (see IRIS 2022-3/6), was published in the Official Journal of the European Union. The applicants in the case are three Dutch ISPs - A2B Connect, BIT, and Freedom Internet – and they are supported by the Freedom of Information Coalition, which includes the Nederlandse Vereniging van Journalisten (Dutch Association of Journalists) and the Persvrijheidsfonds...

On 25 August 2022, the Hof Amsterdam (Amsterdam Court of Appeal) acquitted on appeal two "drill" rappers who had been convicted in 2021 of incitement to violence in relation to a music video. Drill - slang for "shooting music" - is a subgenre of hip-hop that originated in Chicago and is characterised by its focus on anger and violence. It was the first time in the Netherlands that rappers have been prosecuted and convicted purely for violent lyrics. The video for a song called "Intensive Care" had been uploaded to YouTube in July 2020, two months after a five-second...