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IRIS 2016-6:1/22 [NL] Medical company’s complaint over news programme upheld

In a judgment on 13 April 2016, the District Court of Amsterdam upheld the complaint of medical company Terumo against broadcasting organisation AVROTROS and two of its employees. The defendants were held liable for damages under Dutch tort law for two broadcasts about medical equipment of producer Terumo. The broadcasts were part of the news programme EenVandaag. In summary, the journalists of EenVandaag reported on two anonymous whistle-blowers, who alleged that medical equipment produced by Terumo could be a threat to public health, and stated that Terumo knowingly maintained these wrongs. The...

IRIS 2016-6:1/21 [NL] Court orders public broadcasting organisation to take two articles offline and publish a rectification

The District Court of Midden-Nederland ordered the Nederlandse Omroep Stichting (Dutch Public Broadcaster NOS), to rectify two articles it had published on its website. In these articles, Mr Baybaşin, the plaintiff, was associated with a person who is suspected of an execution in Turkey in 2014. More than a decade ago, the plaintiff received life imprisonment in the Netherlands for a series of serious offences, such as involvement in murder and hostage taking, and participation as a director in a criminal organisation. The Supreme Court dismissed his appeal in cassation, but in 2011 the plaintiff...

IRIS 2016-5:1/25 [NL] Amendments to Media Act concerning regional broadcasting

On 15 March 2016, the Senate passed the new amendments to the Mediawet (Media Act) in order to reform the regional broadcasting system. The State Secretary for Education, Culture and Science, Sander Dekker, wanted to transfer the administrative and financial responsibility of the regional broadcasters to the central government, realise a reduction of EUR 17 million in the budget of the regional broadcasters, and set up a single unified organisation responsible for public broadcasting at a regional level. Additional reforms regarding the national broadcaster are contained in an additional bill,...

IRIS 2016-5:1/24 [NL] Man acquitted of insulting Muslims during television documentary

On 9 March 2016, a 37-year-old man was acquitted of insulting Muslims by the Amsterdam Court of Appeal. The man made his statements in a documentary about the Dutch politician Geert Wilders from the Partij voor de Vrijheid - (Party for Freedom, PVV) in 2010. The makers of the documentary wanted to investigate the motives of Geert Wilders and his followers. One of the interviewees was the defendant, who was presented as a follower of Geert Wilders. In the interview he spoke about Arabs as “fervent ass crashers” (fervent kontenbonkers), who also “fuck young boys”. According to him this is “normal...

IRIS 2016-5:1/23 [NL] Dutch Data Protection Authority finds processing of personal data for anti-piracy research lawful

On 14 March 2016, the Autoriteit Persoonsgegevens (Dutch data protection authority, AP) declared that a plan to process the personal data of internet users for anti-piracy investigations is lawful. Stichting BREIN, a Dutch anti-piracy organisation, intends to collect and further process the IP addresses and user names of Dutch citizens engaging in file sharing via ‘BitTorrent’ networks. The purpose of the data processing is to investigate the involvement of these people in the unauthorised, large-scale uploading and downloading of copyright-protected works, such as films and music. The organisation...