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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...

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...