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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...

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...

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....