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Refine your searchIRIS 2018-3:1/26 [NL] Court orders five other ISPs to temporarily block access to The Pirate Bay | |
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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... |
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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... |
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IRIS 2018-2:1/26 [NL] Author of false Google reviews ordered to pay damages | |
On 25 October 2017, Amsterdam District Court ordered an author who posted false reviews concerning a day-care centre on the Google platform Google Maps to pay EUR 2 702 in damages to the owners of the day-care centre. On Google Maps, internet users can post reviews of locations they have visited. Between April 2015 and February 2016, the author wrote several negative reviews of the day-care centre using different accounts. In the reviews, he claimed that the day-care centre was unstructured, and described the situation as “hysterical”. He also claimed that the day-care centre was unhygienic, that... |
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IRIS 2018-2:1/25 [NL] Court of Appeals judgment on the rectification and removal of news programme episode | |
In December 2017, the Arnhem-Leeuwarden Court of Appeals (Gerechtshof Arnhem-Leeuwarden) ruled on the question of whether broadcaster AVROTROS acted unlawfully towards a person by giving a distorted picture of a high-profile neighbours’ dispute in an episode of the television programme EenVandaag. The Court considered whether the respondent’s right to respect for private and family life, including his honour and good name, as guaranteed under Article 8 of the European Convention of Human Rights (ECHR), outweighed the right to freedom of expression of AVROTROS under Article 10 ECHR. The case followed... |
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IRIS 2018-1:1/33 [NL] Council of State decision on media access to information | |
On 25 October 2017, the highest Dutch administrative court, Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State) (Council of State) overruled a decision of the Midden-Nederland Court concerning a request for public access to government information about the air crash of Flight MH17. Both parties - the Minister of Justice and Security and the Dutch media organisations (broadcasters ‘NOS’ and RTL Nieuws, and the newspaper ‘De Volkskrant’) - made an appeal in this case that focuses on the decisions about public access to reports by the Ministerial... |