Netherlands

[NL] Draft Bill on Computer Criminality

IRIS 1998-2:1/20

Mediaforum

Media Forum

A draft Bill on Computer Criminality (Voorontwerp Wet Computercriminaliteit) has been proposed in order to amend Article 53 of the Dutch Criminal Code ( Wetboek van Strafrecht) which protects publishers from being held liable for the content of the published material in the case where they were unaware of the criminal character of the content in question or when they by no means could control it.

This liability-exception should, according to the draft, also extend to Internet Service Providers and all other intermediaries (therefore also to broadcasters) functioning as outlets for expressions and statements of third persons.

Furthermore the proposal foresees in rules concerning the protection of privacy with regard to e-mail messages and in a set of rules aimed at facilitating criminal investigations consisting of tracking down criminals by means of the tapping of e-mail services.

The proposal is now being analysed by various sectorial organisations which are expected to express their opinion on the merits before further action by the Government will be taken.