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IRIS 2022-8:1/15 [NL] New government measures to protect media freedom and safety

On 29 June 2022, the State Secretary for Culture and Media (Staatssecretaris Cultuur en Media) and Minister for Justice and Security (Minister van Justitie en Veiligheid) announced a series of new measures to protect press freedom and safety in the Netherlands. The new measures are contained in a Letter to Parliament, and follow the publication of three reports on press freedom and safety of journalists in the Netherlands by Reporters Without Borders, Media Freedom Rapid Response, and the Netherlands Institute for Human Rights (College voor de Rechten van de Mens), which are referenced in the Letter. ...

IRIS 2022-8:1/16 [NL] New Bill requiring major streaming platforms to invest in Dutch productions  

On 18 July 2022, the State Secretary for Culture and Media (Staatssecretaris Cultuur en Media) introduced a new Bill to the Lower House of Parliament (Tweede Kamer), which will amend the Media Act (Mediawet) 2008, and impose an obligation on major streaming platforms to invest in Dutch audiovisual productions. The State Secretary also announced in a Letter to Parliament a series of new measures to strengthen the Dutch audiovisual sector. Crucially, a new Article 3.29e will be inserted into the Media Act, requiring providers of on-demand audiovisual media services to invest in Dutch audiovisual...

IRIS 2022-7:1/15 [NL] Google not liable for fake advertisements featuring Dutch celebrities

On 18 May 2022, the Rechtbank Amsterdam (Amsterdam Court) () delivered a notable judgment regarding the liability of an internet platform for fake advertisements featuring the portrait or name of famous persons that seemingly promotes investment methods via cryptocurrencies. The case, which has received considerable media coverage, was brought to the Court by the Vladimir Foundation, founded by well-known Dutch figures. It aims to combat public deception by means of fake news or misleading advertisements featuring notable figures. The Court held that Google may not be held liable for these advertisements....

IRIS 2022-7:1/17 [NL] Dutch Media Authority begins the monitoring of popular video-uploaders

On 17 May 2022, the Commissariaat voor de Media (Dutch Media Authority) announced that as of 1 July 2022, "influential video-uploaders" will have to ensure their compliance with the Mediawet (Media Act). The new "Policy Rule for the qualification of commercial on-demand services 2022" clarifies which video-uploaders must register with the Media Authority and will be subject to "active monitoring". It is nothing new that entities uploading videos to video-sharing platforms may fall within the scope of the revised EU Audiovisual Media Services Directive (AVMSD) (see...

IRIS 2022-6:1/12 [NL] Judgment on responsibilities of YouTube channel

On 16 March 2022, the Amsterdam Court (Rechtbank Amsterdam) delivered a notable judgment regarding a copyright infringement and an unlawful allegation in an episode published on a popular YouTube channel. The channel is described as a ‘juice channel’, where the creators usually discuss the latest gossip and news concerning famous Dutch people. The Court ruled that uploading the video, which contained an unreleased song as well as the discussion surrounding it regarding allegations of sexual misconduct, without the consent of the claimant, was considered unlawful, and the channel had...