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On 15 December 2021, the new Online Gambling Advertising Code 2021 (Reclamecode voor Online Kansspelen) was published by the Dutch Advertising Code Foundation (Stichting Reclame Code) (SCC), which is the self-regulatory body for advertising, including broadcast advertising, in the Netherlands. The Code builds upon the new rules contained in the recently-enacted Online Gambling Act 2021, which introduced new provisions on online gambling advertising, and included amendments to the Dutch Media Act (Mediawet) (see IRIS 2021-1/24). Importantly, the new Code has a number of notable provisions applicable...

On 12 November 2021, the Rechtbank Amsterdam (District Court of Amsterdam – the Court) issued an important judgment on the broadcast of hidden-camera footage used during an investigative programme. The Court also laid down important principles on when a broadcast may be prohibited before it is broadcast. The case involved the well-known Dutch television programme Undercover in Nederland, which is produced by Noordkaap TV productions, and broadcast by the commercial Dutch broadcaster SBS6. At issue was an upcoming broadcast of the programme, which was to feature reports of serious irregularities...

On 29 October 2021, the Rechtbank Rotterdam (District Court of Rotterdam - the Court) delivered a notable judgment on Facebook’s removal of posts by a prominent activist, and whether Dutch courts may apply the right to freedom of expression under Article 10 of the European Convention on Human Rights to a platform’s removal of such content. The case involved Willem Engel, a well-known activist who campaigns against Covid-19 measures implemented by the Dutch government, and is director of a high-profile campaign group “Stichting Viruswaarheid” (Virus Truth Foundation)....

On 1 October 2021, the Rechtbank Midden-Nederland (District Court of Midden-Nederland — the Court) delivered a notable judgment on the media standards applicable to news and opinion websites operated by broadcasters. Notably, the Court laid down important principles on the freedom of broadcasters to criticise public figures, including in online news articles, and refused to order a rectification against a broadcaster sought by a public figure over various online articles. The case involved a well-known activist who campaigns against Covid-19 measures implemented by the Dutch government,...

On 6 October 2021, the Rechtbank Noord-Holland (District Court of Noord-Holland - the Court) delivered a significant judgment on the issue of politicians’ social media accounts and ordered the online platform LinkedIn to restore the account of a Member of Parliament (MP) that had been closed under its COVID-19 disinformation policy. However, the Court refused to order that LinkedIn reinstate specific posts concerning COVID-19 published by the politician which had been removed. The case involved Mr. Wybren van Haga, a Dutch politician and member of theTweede Kamer (House of Representatives),...