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On 25 October 2021, an agreement was reached between copyright holders, represented by the Dutch Federation of Copyright Holders (Federatie Auteursrechtbelangen) and the BREIN Foundation, along with several Internet Access Providers (hereafter: the Parties) in the Website Blocking Covenant. The Covenant came into being with active facilitating from the Dutch Minister for Legal Protection and the Minister of Economic Affairs and Climate Policy. The question was set out to the Parties if there was a possibility to come to an agreement on website blocking, to which the Parties complied. The Covenant...

On 5 January 2022, the Wetenschappelijk Onderzoek- en Documentatiecentrum (Research and Documentation Centre), of the Dutch Ministry of Justice and Security (WODC), published an important report on the legal challenges of deepfake technology. The report was sent to Parliament on 17 January 2022, along with a letter, from the Minister for Legal Protection (male), stating that the Cabinet had commissioned the research because of concerns about the rapid development and spread of deepfake technology. The study, carried out by researchers from Tilburg University, aims to inform the Government about...

On 28 January 2022, the Autoriteit Consument en Markt (Netherlands Authority for Consumer and Markets) (ACM) announced an "extensive investigation" into the proposed merger between media companies the RTL Group – active in the Netherlands through its subsidiary RTL Nederland – and the Talpa Network. RTL Nederland is a television broadcaster, content producer, and provider of video on-demand services. Talpa Network is a radio and television broadcaster, operator of various online platforms, and publisher of magazines and games. The intended acquisition of Talpa by RTL...

On 15 December 2021, the Rechtbank Amsterdam (District Court of Amsterdam) delivered a significant judgment on the issue of a politician’s right to freedom of expression set against the right to a private life of the victims and survivors of the Holocaust. The Court ordered the removal of four messages from Instagram, Facebook, and Twitter, as well as prohibitions on reposting the messages and posting Holocaust imagery in the context of the debate on COVID-19 measures. The case involved Mr. Thierry Baudet, leader of the political party Forum voor Democratie, who had written several messages...

On 15 December 2021, the new Online Gambling Advertising Code 2021 (Reclamecode voor Online Kansspelen) was published by the Dutch Advertising Code Foundation (Stichting Reclame Code) (SCC), which is the self-regulatory body for advertising, including broadcast advertising, in the Netherlands. The Code builds upon the new rules contained in the recently-enacted Online Gambling Act 2021, which introduced new provisions on online gambling advertising, and included amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Importantly, the new Code has a number of notable provisions applicable...