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On 1 May 2021, the Raad voor de Journalistiek (Dutch Press Council) incorporated in its Leidraad (Guidelines) new criteria for assessing complaints from individuals who have unsuccessfully requested media to erase or anonymise their personal data in online publications. The Dutch Press Council also dealt with such requests prior to the introduction of these criteria in the Guidelines, pursuant to the general right to be forgotten (see, for example, IRIS 2018-6/7 and IRIS 2019-10/4), stressing the need for the creation of specific criteria. The Dutch Press Council is an organisation...

On 29 April 2021, the Stichting Reclame Code (Dutch Advertising Code Foundation) announced that Facebook had joined, and officially endorsed the principles and objectives of the Advertising Code Foundation. The Foundation is the self-regulatory body for advertising in the Netherlands (see IRIS 2018-2/27 and IRIS 2013-7/21). Importantly, the Foundation maintains the Nederlandse Reclame Code (Dutch Advertising Code), and consumers, commercial companies and other organisations that have a complaint about an advertisement can submit it to the independent Reclame Code Commissie (Advertising...

On 2 March 2021, the Amsterdam Court of Appeal delivered an important judgment on offensive expression and the limits of satirical and artistic expression in the media. The Court held that there should be no prosecution for incitement to hatred or group insult over the broadcast of an offensive satirical song about Covid-19 and Chinese individuals.  The defendant in the case was the presenter of a well-known programme, which regularly includes a segment responding to current events in a satirical manner. In February 2020, the defendant broadcast the so-called “Corona song” as...

On 16 February 2021, the Autoriteit Persoonsgegevens (Dutch Data Protection Authority - AP) published important new Guidelines for political parties on the protection of privacy during election campaigns, including the use of political microtargeting. The Guidelines were published in the run-up to the Dutch parliamentary elections held on 15-17 March 2021. The European Commission also recently announced in the European Democracy Action Plan that it will examine “restricting” microtargeting in the political context, and propose legislation on political advertising in 2021 (see IRIS...

On 9 February 2021, the Minister of the Interior and Kingdom Relations published the Dutch Code of Conduct on transparency of online political advertisements ("the Code"). According to the International Institute for Democracy and Electoral Assistance (International IDEA), the intergovernmental organisation that co-drafted the Code, it is the first national code of conduct on online political advertising in the European Union. The Code is a collaborative effort of various internet platforms (Facebook, Google, Snapchat, and TikTok) and 11 out of 13 political parties (VVD, CDA, D66, GroenLinks,...