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On 15 August 2018, the District Court of Amsterdam ruled that BNNVARA, a Dutch broadcasting association, had not acted unlawfully by broadcasting on its website a secretly taped conversation with a Dutch member of parliament (MP) of the political party called DENK. The conversation took place in a private meeting room of the party. The recording related to a political election campaign banner (which the party was contemplating publishing on the Internet) containing a provocative message in the name of another Dutch political party the Party for Freedom (Partij voor de Vrijheid): “After 15 March...

On 25 July 2018, Amsterdam District Court ruled that both a Twitter user and GeenStijl, a popular Dutch website (see IRIS 2016-9/3), acted unlawfully by disseminating, without her consent, sexually explicit (video) material of a well-known Dutch TV personality and singer. The content, which had been made in private by the claimant, had, for unclear reasons, appeared and circulated on the messaging service WhatsApp. The Twitter user had subsequently posted a tweet that contained the content, accompanied by a hashtag with the name of the claimant. GeenStijl, for a short period of time, referred to...

On 12 April 2018, the Dutch legislature published a proposal for an amendment of the 2003 Act on the Supervision of Collective Management Organisations of Authors’ Rights and Neighbouring Rights (Wet toezicht collectieve beheersorganisaties auteurs- en naburige rechten). The main aim of the amendment is to increase the effectiveness of the supervision of the collective management organisations and to change the funding system for that supervision. Collective management of authors’ rights and neighbouring rights in the Netherlands is carried out by collective management organisations and independent...

On 13 March 2018, the District Court of Gelderland upheld a fine imposed on a website by the Dutch Media Authority (Commissariaat voor de Media) (CvdM) for failing to take (technical) measures that would prevent minors below the age of 16 from viewing violent erotic content. The fine was reduced by the court for the reason that the reasonable term for adjudication had been exceeded, thereby violating the fundamental right to a fair trial. The claimant makes and operates websites which provide erotic content, including videos, pictures and written stories. The claimant also concluded agreements...

According to the Raad voor Cultuur (Dutch Council for Culture), the government’s legal advisory body on art, media and other cultural matters, platforms such as Netflix, Google, Facebook, Apple and Amazon that exploit their works in the Netherlands must invest in Dutch audiovisual productions. In February 2018, the Council presented a Recommendation to the Dutch Government in which it states that the Dutch audiovisual sector delivers diverse, high-quality audiovisual media works which contribute to the formation of a pluralist society and which play an important role in the independent provision...