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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...

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...

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...

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...

On 15 March 2022, the Gerechtshof Amsterdam (Amsterdam Court of Appeal) delivered an important judgment largely upholding an earlier District Court judgment on the lawfulness of allegations contained in an investigative crime programme using hidden-camera footage (IRIS 2020-10/10). The Court of Appeal conducted a fundamental rights balancing exercise similar to that of the District Court, with the important difference that it assessed the original TV broadcast and the modified online episode as separate communications. It ruled that because of the implementation of privacy-preserving measures,...