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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...

IRIS 2022-5:1/18 [NL] Court of Appeal upholds ruling on investigative crime programme using hidden-camera footage

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,...

IRIS 2022-4:1/18 [NL] Stop Online Shaming judgment requiring platform to remove user-generated videos posted without consent

On 16 February 2022, the Rechtbank Amsterdam (District Court of Amsterdam) delivered an important judgment regarding user-generated content posted without prior consent on video-platforms hosting adult content. The case was filed as a class action lawsuit instigated by Stichting Stop Online Shaming (Stop Online Shaming Foundation — SOS), representing the interests of victims of online privacy infringements, and Stichting Expertisebureau Online Kindermisbruik (Online Child Abuse Expertise Centre Foundation), concerned with preventing and countering (online) child abuse...

IRIS 2022-4:1/20 [NL] New Dutch regulatory collaboration involving Dutch Media Authority opens first joint-investigation

On 3 March 2022, the Commissariaat voor de Media (Dutch Media Authority) announced that the recently-established Digital Regulation Cooperation Platform (SDT) has opened its first investigation into effective online transparency and the use of internet users' data. The SDT is a first-ever regulatory collaboration between the Dutch Media Authority, Netherlands Authority for Consumers & Markets, the Dutch Data Protection Authority, and the Netherlands Authority for the Financial Markets. The SDT was established to strengthen the supervision of digital activities, and strengthen enforcement...

IRIS 2022-3:1/16 [NL] Covenant on website blocking comes into effect

On 25 October 2021, an agreement was reached between copyright holders, represented by the Dutch Federation of Copyright Holders (Federatie Auteursrechtbelangen) and the BREIN Foundation, along with several Internet Access Providers (hereafter: the Parties) in the Website Blocking Covenant. The Covenant came into being with active facilitating from the Dutch Minister for Legal Protection and the Minister of Economic Affairs and Climate Policy. The question was set out to the Parties if there was a possibility to come to an agreement on website blocking, to which the Parties complied. The Covenant...