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IRIS 2017-1:1/28 [NL] New regulation on compensation for network failures

The Dutch Minister of Economic Affairs signed a new regulation on 24 October 2016 on a right of compensation for subscribers to public electronic communication services. These comprise subscribers to Internet, television, or telephone networks. Following the new rules, subscribers are entitled to compensation in case of full network failure. The new ministerial regulation follows after revision of the Dutch Telecommunications Act. The “Wet Versterking Telecommunicatiebeleid” (Reinforcement of Telecommunications Policy Act) provides a long-awaited reinforcement of the protection of subscribers. The...

IRIS 2017-1:1/27 [NL] Parliament agrees on amendments to Media Act

On 25 October 2016, the Dutch Senate agreed on the final package of amendments of the Mediawet (Media Act). After some debate between the State Secretary of Education, Culture and Science, the House of Representatives and the Senate, the new Media Act can now enter into force. After previous attempts to amend the Media Act 2008 (see for an earlier proposal IRIS 2013-4:1/22), the Senate passed the latest version of the bill on 15 March 2016 (IRIS 2016-5:1/25). However, the Senate still was not entirely satisfied with the proposed amendments. It requested, as a precondition for passing the bill,...

IRIS 2017-1:1/26 [NL] Injunction refused over broadcast using hidden-camera footage

In summary proceedings on 10 November 2016, the District Court of Amsterdam rejected a request to prohibit the Dutch broadcasting association BNN-VARA broadcasting an episode of “Rambam” containing hidden-camera footage from undercover journalists. As stated on its website, the plaintiff “Dokteronline.com” is an online doctor service that informs consumers about health, symptoms and treatments, and facilitates contact with medical specialists and/or pharmacies. Rambam is a Dutch television programme, broadcasted by BNN-VARA, that investigates consumer issues by means of undercover journalism. During...

IRIS 2016-10:1/22 [NL] Dutch broadcaster acted in good faith when covertly interviewing refugee

In December 2015, the District Court of Amsterdam ordered the Dutch public broadcaster PowNed to prevent further broadcasting of a video item. The item featured a Syrian refugee who seemed to express an aversion to homosexuality and talked about a medical problem with his testicles (IRIS 2016-2/21). On 16 August 2016, the Court of Appeal in Amsterdam overturned parts of the judgment. The Court of Appeal separately assessed whether PowNed lawfully broadcasted the video fragment concerning homosexuality next to the fragment about the man’s medical issues. The Court also distinctly evaluated whether...

IRIS 2016-10:1/21 [NL] Court holds PowNed liable for infringing former mayor’s right to private life

On 31 August 2016, the District Court of Amsterdam held broadcasting organisation PowNed liable for broadcasting private conversations between former Dutch mayor Onno Hoes and a 24-year-old man he was romantically involved with (for the preliminary decision, see IRIS 2015-10/25). Hoes, at that time the mayor of the Dutch city Maastricht and married for several years, met the man, Robbie Hasselt, a few times during the autumn of 2014. Hoes had been involved in a scandal in 2013, when he was seen kissing another man. For a short period of time, his position as mayor seemed to be in danger, but the...