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The Hague Court of Appeals has ruled that Ministry of Justice restrictions placed on a journalist concerning pictures and video footage taken inside detention centres violate freedom of expression and the European Convention on Human Rights (ECHR). The case arose following a request from a journalist to the Ministry seeking permission to take pictures and video footage at certain detention facilities. The Ministry initially rejected the request, but following negotiation, the Ministry agreed to grant permission for taking footage, provided the journalist enter into a contract setting out when and...

For 25 years the Commissariaat voor de Media (the Dutch Media Authority) has been the monitor of the Dutch media sector, seeking to safeguard its pluralistic and independent character. An annual report, called Mediamonitor, gives insights into the sector’s latest trends, media corporations and markets (for previous reports see IRIS 2015-1/34, IRIS 2011-5/35 and IRIS 2006-1/33). The latest report, published on 23 November 2015, mainly focuses on two themes: the independence of the media and the transparency of media institutions. Subsequently, it highlights some specific trends shown by contemporary...

In a decision on 22 September 2015, the Commissariaat voor de Media (the Dutch Media Authority - CvdM) imposed a EUR 275,500 fine on Stichting Omroep Limburg (SOL; more commonly known as L1), a regional Dutch public service broadcaster. According to the Dutch Media Authority, the broadcaster L1 was fined because of commercial interference, which violates the Dutch Media Act. Extensive investigation showed several serious violations in the areas of sponsorship and advertisement. In 2014, website operator and competitor of L1, WijLimburg B.V. filed a request for enforcement with the Dutch Media Authority....

KPN, a Dutch landline and mobile telecommunications company, has been granted an exemption from the must-carry rules with regard to its new television service. The telecom provider developed a new service in the form of a mobile application that serves a package with 18 linear television channels, catch-up television, on-demand-content, and recording options. A subscriber pays an all-inclusive fee per month to use the service (called “Play”). KPN offers Play as an over-the-top (OTT) service, meaning that the service is available over the open Internet using Internet access from any Internet service...

On 25 November 2015, the District Court of North-Netherlands ruled on a case about the lawfulness of a television programme in which negative statements about a psychiatrist were made. It decided that the broadcaster did not act unlawfully, but that one of the interviewees - an ex-colleague of the psychiatrist - did make an unlawful allegation. The broadcaster EO aired an episode of a programme in which the malpractice of a psychiatric facility was investigated, and more specifically the conduct of the claimant in his capacity as leading psychiatrist. Several interviewees gave negative accounts...