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IRIS 2018-5:1/24 [NL] AG opinion on the blocking of The Pirate Bay

On 16 March 2018, the Advocate General (AG) of the Dutch Supreme Court, van Peursem, delivered his opinion in the Pirate Bay case, in which he concluded that blocking access to The Pirate Bay (TPB) was legitimate. This opinion should guide the Dutch Supreme Court in its future ruling in the case between BREIN, a foundation which protects the rights and interests of Dutch copyright holders, and Ziggo and XS4ALL, ISPs which give their end-users access to TPB. The AG mostly based his opinion on both the Dutch Supreme Court’s interlocutory judgment of 2015 and the EU Court of Justice’s (CJEU) preliminary...

IRIS 2018-4:1/33 [NL] Hosting provider ordered to block access to lawful website and to provide contact details of website owner

On 10 January 2018, Overijssel District Court ruled that Your Hosting, a Dutch internet service provider hosting the website www.gabme.org, was obliged to block access to the website and to provide the contact details of the website owner. The claimant initiated the case over a report circulating on the internet accusing him of fraud and money laundering. Consequently, the claimant had suffered damage as a result of a decrease in his business’s revenues. The report referred to the website www.gabme.org. GABME is a non-existant organisation for which no contact details were provided on the website....

IRIS 2018-3:1/27 [NL] Broadcasting suspect’s image in Dutch television programme unlawful

On 27 December 2017, the District Court of Gelderland ruled that broadcasting the image of a murder suspect’s face in a television programme did not contribute to the public debate and was therefore unlawful. In 2016, the claimant in this case was ordered to serve a prison sentence of 7.5 years for attempted provocation of murder. Hidden camera footage had been discovered in which the claimant closed a murder deal and gave instructions to his associates. The footage was broadcast by SBS in 2012 on national television, in Misdaadverslaggever, a frequently watched crime reporting television programme...

IRIS 2018-3:1/26 [NL] Court orders five other ISPs to temporarily block access to The Pirate Bay

On 12 January 2018, Midden-Nederland District Court, in the Dutch city of Lelystad, ordered five Internet Service Providers (ISPs), through an interim injunction, to temporarily block access to the Pirate Bay (TPB) until both the The Hague District Court and the Dutch Supreme Court had given their judgments in the main proceedings.   The dispute concerns BREIN, a foundation which protects the rights and interests of Dutch copyright holders, and five ISPs, namely T-Mobile, Tele2, CAIW, Zeelandnet and KPN, which give their end-users access to TPB. Based on Art 26d of the Dutch Copyright Act and Art...

IRIS 2018-2:1/27 [NL] New Code on YouTube advertising transparency

On 17 November 2017, a self-regulatory code on transparency in YouTube advertising was announced by the Dutch Media Authority (Commissariaat voor de Media). A large group of YouTube users who create professional online video content have developed, with the help of the Dutch Media Authority, the Social Code: YouTube, in order to be more transparent about advertising in online videos. The Social Code: YouTube was a response to the results of research by the Dutch Media Authority on the frequency with which products and brands are visually shown in videos on YouTube. During the development of this...