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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...

IRIS 2022-6:1/15 [NL] Social media influencer entitled to protection of journalistic sources

On 29 April 2022, the District Court of Amsterdam (Rechtbank Amsterdam) delivered an important judgment on whether a social media influencer is entitled to invoke the right to protection of journalistic sources. Notably, the Court held that the activities of a Dutch social media influencer, with over 400 000 followers on Instagram and YouTube, fell within the concept of “journalism”, and the influencer was entitled not to reveal her sources in legal proceedings over an online video. The case centred on the well-known Dutch influencer Yvonne Coldeweijer (the defendant), who operates...

IRIS 2022-5:1/17 [NL] Dutch ISPs block RT and Sputnik websites

On 8 March 2022, the largest Internet service providers (ISPs) in the Netherlands (VodafoneZiggo, T-Mobile and KPN) announced that the websites of the Russian state-owned media outlets Russia Today and Sputnik would be blocked in the Netherlands. This followed the adoption of a regulation by the Council of the European Union on 1 March 2022, which prohibited “operators to broadcast or to enable, facilitate or otherwise contribute to broadcast, any content by [Russia Today and Sputnik], including through transmission or distribution by any means such as cable, satellite, IP-TV, internet service...