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IRIS 2019-9:1/21 [NL] Court orders Dutch broadcaster BNNVARA to broadcast rectification over YouTube episode

In a decision of 11 July 2019, the Midden-Nederland District Court ordered broadcaster BNNVARA to broadcast a rectification in respect of a #BOOS YouTube episode (“boos” means “angry” in Dutch). The episode contained unproven and incorrect statements about two Dutch real estate entrepreneurs, according to the court. The YouTube series calls upon angry viewers to complain about various topics, such as dismissals, lost packages or expensive mobile phone subscriptions. In each episode the host aims to solve an angry viewer’s problem. #BOOS has won various awards, such as the Best Social Award 2019...

IRIS 2019-9:1/20 [NL] Court prohibits journalist from publishing certain classified information

In a decision of 12 July 2019, the Amsterdam District Court prohibited a journalist from publishing certain information in a forthcoming book. According to the court, the argument that the publication of the information could put a source from the Dutch secret service in a life-threatening situation was sufficiently convincing. Investigative journalist Huib Modderkolk works for the Dutch newspaper De Volkskrant. The journalist intended to publish a book entitled “Het is oorlog maar niemand die het ziet” ("It's war, but no one sees it") in September 2019. The journalist sent a manuscript to the...

IRIS 2019-8:1/33 [NL] Targeted television advertising by KPN is permissible under the Media Act

On 11 June 2019, the Commissariaat voor de Media (the Dutch Media Authority - CvdM) delivered a decision ruling that the planned introduction of targeted television advertising by the telecommunications company KPN and media company Talpa was permissible under the Media Act (Mediawet). KPN offers various TV packages via set-top box and the KPN iTV app, while Talpa owns the Dutch commercial television channels SBS6, SBS9 and Net5, which are distributed as part of KPN packages. Advertising spots are broadcast between programmes on these channels, and in order to increase revenue from television advertising,...

IRIS 2019-8:1/32 [NL] Online news platform entitled to Copyright Act exception on portraits

On 12 June 2019, the Amsterdam District Court delivered a ruling on copyright and the use of portrait photographs in online news articles. In 2013 the claimant, a photographer, was asked by a third party to photograph an economist/journalist for an interview. Separately, the portrait was used several times on the website of Dutch News, a small online news outlet. The economist had sent his portrait photograph to Dutch News to accompany online news articles. The news platform used the portrait photograph at least 20 times on its website. The photographer who created the photograph, however, considered...

IRIS 2019-7:1/23 [NL] Media authority to work more closely with Data protection authority

On April 23rd, 2019, the Commissariaat voor de Media (the Dutch Media Authority) and the Autoriteit Persoonsgegevens (the Dutch Data Protection Authority) announced that they are intensifying the level of their cooperation with each other and that they have accordingly agreed on a cooperation protocol. Their collaborative efforts will focus on supervision and enforcement in respect of media institutions. The aim of the protocol is to set out the relationship between the authorities in this context, and to improve transparency. The general principles of the cooperation are set out in chapter two...