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On 25 June 2024, an important new mechanism came into effect, allowing journalists to shield personal data contained in the main public registry in the Netherlands from disclosure, where there is a “serious threat” to a journalist. This new mechanism is contained in an Agreement between the Dutch Association of Journalists (Nederlandse Vereniging van Journalisten) (NVJ) and the public administrative body that operates the public registry of land, including addresses (Dienst voor het Kadaster). The Agreement follows the announcement by the State Secretary for Culture and Media (Staatssecretaris...

On 17 June 2024, the Dutch government announced a significant new package of measures to tackle online disinformation, including a planned new “reporting facility” to allow citizens to report disinformation. The new measures were contained in a Letter to Parliament on behalf of the Ministery for Internal Affairs and Kingdom Relations (Ministerie Binnenlandse Zaken en Koninkrijksrelaties). These measures form part of the main Dutch government’s strategy to combat disinformation, which was announced in December 2022, and involves three different government ministries (see IRIS...

On 23 April 2024, the Gerechtshof Den Haag (Court of Appeal of The Hague) delivered a particularly important judgment on the protection of journalists from arrest when reporting on protests. Notably, the Court of Appeal held that the arrest of a photojournalist who had been travelling with a group of climate protestors, who was then taken to a police station and had his equipment and telephone seized, was “unlawful” and a violation of the right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The case arose in October 2021, when the photojournalist...

On 17 May 2024, the Autoriteit Consument en Markt (Netherlands Authority for Consumer and Markets - ACM) issued an important decision that the planned acquisition by DPG Media (DPG) of rival media company RTL Nederland (RTL) is to be the subject of an investigation. DPG publishes various Dutch newspapers, magazines, owns general news websites in the Netherlands, and is active on the Dutch radio market with national radio stations. RTL has several commercial television channels, offers streaming services, and offers general news online through its website. Notably, the ACM stated it foresees...

On 1 May 2024, the Openbaar Ministerie (Netherlands Public Prosecution Service) adopted significant new rules in relation to criminal proceedings that may involve journalists. Notably, the new rules require that where there is surveillance, or surreptitious recording, of communication targeting suspects, and where journalists may also be present, an examining magistrate must give prior permission to record the communications. The new rules were adopted following a well-known recent controversy in the Netherlands, where during a criminal investigation, conversations between suspects were recorded,...