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IRIS 2019-10:1/22 [NL] Court allows broadcast of documentary on police shooting of young man, despite family’s objections

On 10 September 2019, the Amsterdam District Court delivered a notable judgment on the broadcasting of an investigative documentary concerning the death of a young man after a police shooting, despite objections of the deceased’s family to the broadcast. The Court rejected an application for the broadcast to be prohibited, holding that the broadcast’s interference with the family’s private life – in the light of various considerations, including the fact that the deceased’s mother had not given permission for the use of certain information – did not outweigh...

IRIS 2019-10:1/21 [NL] Judgment on posting violent content on Facebook

On 2 September 2019, the Court of North Holland found an anti-racism activist guilty of publishing threatening posts on Facebook in the form of altered images targeting a well-known actor during Sinterklaas (Saint Nicholas), an annual Dutch holiday. The case arose during October 2018, when the activist posted a threat of aggravated assault by means of “sharing” two posts on his Facebook profile. The first photo depicted the accused wearing a hat reading “Sinterklaas Sniper”. The second post was a photo taken of J.F. Kennedy moments before his assassination, photo-shopped to replace the former U.S....

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,...