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IRIS 2016-4:1/22 [NL] Court rules on investigative TV programme’s methods and the right to privacy

The Dutch TV show Onopgeloste zaken investigates unsolved cases, which usually leads to a confrontation with a person on camera. In this particular case, a person confronted about possible wrongdoing considered the confrontation to be a violation of his privacy and brought proceedings against the TV show. The claimant was approached by a family, asking him to store their furniture while they were renovating their house. Upon completion of the renovation they wanted their furniture back, but it seemed that the claimant’s company could not be reached by phone or mail. Thereupon the family approached...

IRIS 2016-4:1/21 [NL] Politician convicted for insulting and discriminatory remarks made in TV interview

On 1 February 2016, the Court of Appeal of Amsterdam sentenced local Dutch politician Delano Felter to pay a fine for making insulting and discriminatory remarks against homosexuals during a TV interview in 2010. The same Court acquitted Felter in 2013, but was ordered to revise the ruling by the Dutch Supreme Court in 2014. The ruling could prove important for future prosecutions for insulting and discriminatory remarks against a specific group (for previous prosecutions, see IRIS 2009-3/103). In February 2010, Felter was running for the local elections in Amsterdam as leader of a small local...

IRIS 2016-3:1/26 [NL] Court rules retweeting is not an endorsement

On 10 December 2015, the District Court of the Hague delivered a comprehensive criminal judgment in a case against nine suspects of an international organisation with terrorist intent. The suspects were amongst many other things accused of crimes against the public order under Articles 131 and 132 of the Dutch Criminal Law (Sr). Article 131 Sr criminalises incitement to violence against public authorities and incitement to criminal offences through speech, writings or images. Article 132 Sr criminalises stocking such images or writings with the intent of making them publically available, if the...

IRIS 2016-3:1/25 [NL] Copyright ruling on Anne Frank’s diary

On 23 December 2015, the District Court of Amsterdam handed down a ruling in a case involving Anne Frank’s diary. The case was brought by the Swiss Anne Frank Fonds against the Anne Frank Stichting and the Royal Netherlands Academy of Arts and Sciences (KNAW). It dealt with the alleged expiration of copyright in Anne Frank’s diary and reproductions made by Huygens ING, a research institute affiliated with the KNAW. The Anne Frank Fonds holds the copyright to Anne Frank’s diaries. In 2008, all parties assumed that the copyright to Anne Frank’s diaries would expire on 1 January 2016, 70 years after...

IRIS 2016-2:1/21 [NL] Dutch public broadcaster acted unlawfully towards a Syrian refugee

In a judgment on preliminary relief proceedings on 15 December 2015, the District Court of Amsterdam ruled that the Dutch public broadcaster PowNed acted unlawfully towards a Syrian refugee. PowNed broadcast video images in which the plaintiff refugee talked about a medical problem with his testicles and seemed to express an aversion to homosexuality. PowNed also shared the fragment on its Facebook page, where it was widely viewed, shared, liked and received many negative comments. The footage was made during a conversation between the plaintiff and a reporter of PowNed while she visited a temporary...