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On 23 January 2020, the Österreichische Oberste Gerichtshof (Austrian Supreme Court) decided in a preliminary procedure that, although the secret filming of the so-called ‘Ibiza video’ had been unlawful, the act of sharing and publishing it had been justified (Case no. 6 Ob 236/19b). In July 2017, two Austrian politicians from the Freiheitliche Partei Österreichs (Austrian Freedom Party – FPÖ), Heinz-Christian Strache and Johann Gudenus, were secretly filmed at a meeting in Ibiza. An actress pretending to be the niece of a Russian oligarch and her companion were...

On 21 January 2020, the Information Commissioner’s Office (ICO), the United Kingdom's independent body established to uphold information rights, published its Code of Practice which should be followed by online services to protect children’s privacy. The Age Appropriate Design Code of Practice, the first of its kind, is a statutory code required under Section 123 of the Data Protection Act 2018. It seeks to address the increasing concern about the position of children in the modern digital world and to create a safe online space for them in which they can explore, learn and...

On 3 March 2020, the Gerechtshof Amsterdam (Amsterdam Court of Appeal) delivered a notable judgment on online news media archives, and whether media should be required to remove certain old articles which continue to appear in Google Search results from their online archives. The case centred on an article published in 1999 by the Dutch media outlet de Volkskrant, which reported on the claimant’s involvement with a “pyramid-scheme” company that had gone bankrupt. In 2011, the claimant sent a request to the media outlet to remove the article from its online archive, which is...

On 24 January 2020, the District Court of Noord-Nederlands announced that the Dutch broadcaster RTL was no longer permitted to make recordings in the court during an ongoing high-profile case. Furthermore, the court announced that RTL, with the exception of its news programme RTL Nieuws, was prohibited from making recordings for other broadcasters in the court for the next three months. The court stated that the measures were being imposed due to a programme broadcast by RTL on 21 January 2020.     The issue arose in a case currently before the court, known as the Ruinerwold case,...

In its judgment of 20 December 2019, the Rechtbank Amsterdam (District Court of Amsterdam) delivered an important judgment on tabloid journalism in the Netherlands, ruling that media outlet TMG did not have to remove a sensationalist, online article on a well-known singer’s alleged adultery with a television host – the claimant – in 2014. The district court held that the media outlet’s freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights (ECHR), outweighed the television host’s right to privacy, as enshrined in Article 8 ECHR...