Search results : 477

On 10 April 2014, the Court of Justice of the European Union ruled in the Stichting Thuiskopie case that Article 5(2)(b) of the Copyright Directive does not apply to private copying from an illegal source (see IRIS 2014-6/4). Article 5(2) (b) allows Member States to create a private copying exception, provided that the rightholders receive a fair compensation. In the Netherlands, a levy for private copying was previously intended to cover both copying from a legal, as well as from an illegal source. As it has become clear that that system was not in accordance with European law, the Dutch Minister...

On 18 November 2014, the Commissariaat voor de Media (Dutch Media Authority - CvdM) imposed a EUR 160,000 penalty on TV10 B.V (Disney) for exceeding the maximum advertising time on the commercial broadcasting channel Disney XD. The maximum time for broadcasting commercials or teleshopping programmes on television is 12 minutes per hour, according to Article 3.8 of the Dutch Media Law (Mediawet 2008). Disney repeatedly exceeded this time by up to 15 minutes and 59 seconds of advertising during the months of November and December 2013. Disney admitted exceeding the time, but claimed that the violations...

On 7 November 2014, the District Court of The Hague declared Dutch musician Honzy guilty of making death threats to politician Geert Wilders through a music video. The court sentenced the musician to a suspended prison sentence and, inter alia, ordered the musician to remove the video from his YouTube account. The video was first published on the musician’s YouTube account in March 2014. In the video, an actor wearing a blonde wig is dragged out of his office by two men wearing balaclavas. The men in balaclavas cover the actor’s head with a bag, put him on his knees and press a gun against his...

On 15 July 2014, the Dutch authority for consumers and markets (Autoriteit Consument en Markt) (ACM) imposed an order for periodic penalty payments on the Dutch public broadcaster NPO (Nederlandse Publieke Omroep) (see IRIS 2014-8/33). The NPO placed tracking cookies on end-user devices without correctly informing the end-user. Therefore, according to the ACM, the requisite consent for the placing of the tracking cookies was not in accordance with Article 11.7a of the Dutch telecommunications act (Telecommunicatiewet) and the Dutch data protection act (Wet bescherming persoonsgegevens). In order...

On 1 September 2014, an amendment to the Dutch frequency allocation regulation, the 'Frequentiebesluit 2013' (Frequency Decree 2013), entered into force. This regulation sets out rules and guidelines for the distribution of spectrum usage rights by the Minister for Economic Affairs. The aim of the 2014 amendments is to increase legal certainty for current and prospective licensees by ensuring timely ministerial decisions on the granting of licenses (for previous amendments, see IRIS 2003-1:12). The Frequentiebesluit of 2013 was an attempt at creating a more flexible framework for the allocation...