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In a judgment on preliminary relief proceedings on 12 August 2015, the District Court of Amsterdam declared the broadcast of images of the former mayor of Maastricht unlawful. The images were recorded by the Dutch broadcaster Powned, by means of a hidden camera. The Court ordered Powned to ensure that the unlawful images can no longer be found through search engines on the Internet. In December 2013, the mayor of Maastricht, who is married, was discredited when a Dutch broadcaster published a photo of him kissing a 24-year-old man in a hotel lobby. In the same period, a photo of the mayor was found...

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:...