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In its judgment of 16 June 2015, the Amsterdam Court of Appeal decided that media may assume that press reports published by the news agency ANP are factually correct. The case concerned two articles written by journalists of the Dutch newspaper De Telegraaf on the involvement of former directors in the bankruptcy of investment fund Partrust. The investment fund had been under investigation by the Dutch public prosecutor and the Autoriteit Financiele Markten (Financial Markets Authority - AFM) for large-scale investment fraud and undertaking a pyramid scheme for over five years. In one of the two...

On 14 July 2015, the Amsterdam Court of Appeal upheld an earlier District Court decision that critical statements made in a Dutch television programme regarding the airline Ryanair were not unlawful. Around the end of 2012, the Dutch public broadcaster KRO aired two episodes of a programme in which the business practices of Ryanair were said to endanger flight safety. More specifically, it was said that pilots were encouraged to fly with the absolute minimum of fuel and that they felt obliged to fly whilst feeling unwell. KRO also published press releases preceding the broadcasts. Ryanair appealed...

On 1 August 2015, the Regulation on product placement for commercial media services 2014 of the Dutch Media Authority (Commissariaat voor de Media - CvdM) entered into force. This Regulation clarifies the rules under the Dutch Media Act 2008 (Mediawet), in particular specifying when and under which circumstances product placement is allowed. In addition, the Regulation points out the main differences between product placement and sponsoring. The Dutch Media Act and the product placement Regulation implement the European Audiovisual Media Services Directive (AVMS Directive) of 2010. Similar to this...

In a series of three ex parte decisions, the Dutch District Courts of Noord-Holland and Limburg have granted injunctions against three uploaders of copyright-protected works via the BitTorrent network. Stichting BREIN (Bescherming Rechten Entertainment Industrie Nederland) (Protection of Dutch Entertainment Industry Rights), a foundation that seeks to protect the rights of the Dutch entertainment industry, filed a suit against the ‘Dutch Release Team’ in ex parte proceedings. The proceedings were successful, as both district courts granted injunctions against the three leaders of the organisation:...

On 1 July 2015, the new Copyright Contract Act (wet auteurscontractenrecht) came into effect in the Netherlands. The law seeks to reduce the existing asymmetry in contractual negotiations between authors and performing artists and exploiters of their material. According to the Dutch legislator, authors’ and performing artists’ dependence on centralised exploiters calls for a stronger legal position for authors and performing artists. The law states that the author or performing artist is entitled to fair remuneration for granting an exploitation right. Furthermore authors and performing artists...