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IRIS 2014-10:1/26 [NL] Dutch legislator proposes two bills on the protection of journalistic sources

On 15 and 17 September 2014, the Dutch legislator issued two bills on the protection of journalistic sources. The bills follow several judgments against the Netherlands for violating Article 10 of the European Convention on Human Rights in cases concerning journalists and source protection. With three violations on the matter in the last seven years (Voskuil v. the Netherlands (2007), see IRIS 2008-4/2); Sanoma Uitgevers B.V. v. the Netherlands (2010), (see IRIS 2010-10/2); and Telegraaf Media Nederland Landelijke Media B.V. and Others v. the Netherlands (2012), (see IRIS 2013-2/2), the Dutch government...

IRIS 2014-10:1/25 [NL] Court applies Google Spain: no right to be forgotten for convicted criminal

On 18 September 2014, the Amsterdam Court handed down the first national application of the EU Court of Justice’s Google Spain judgment (see IRIS 2014-6:1/3). The case was initiated by a convicted criminal after Google had not fully granted his online removal requests. The court rejected the claim, but it should be noted that the case strongly depends on its specific circumstances. Although the case concerns a judgment in summary proceedings, it is interesting to assess the court’s considerations. The facts are as follows: in 2012, the plaintiff had been convicted for attempted incitement to assassination....

IRIS 2014-9:1/24 [NL] Cable companies broadcast programmes without copyright holder authorisation

On 27 August 2014, the Amsterdam District Court handed down its judgment in a case brought by LIRA (a collective rights management organisation for authors) against three cable companies for violation of copyright. LIRA had claimed that the cable companies UPC, Zeelandnet, and Ziggo showed content to their subscribers, which infringed the copyright of authors represented by LIRA. In October 2012, the cable companies stopped paying LIRA for the offering of the content to their subscribers.  In the district court, the cable companies argued that the authors lacked the authority to transfer their...

IRIS 2014-9:1/9 [BE] Flemish Media Regulator fines broadcasters for infringements of commercial communication provisions

On 2 September 2014, the Flemish Media Regulator (Vlaamse Regulator voor de Media) published three decisions in which it found that two broadcasters had violated the provisions in the Flemish Media Decree that prescribe the conditions under which teleshopping, sponsoring, and advertorials may be broadcasted. The first decision (2014/036) concerned a teleshopping programme, Jim Request Live, which was interrupted five times after less than 15 minutes. Article 82, § 1, 3° of the Flemish Media Decree, however, states that teleshopping programmes must last for at least 15 minutes before being interrupted....

IRIS 2014-8:1/33 [NL] Dutch public service broadcaster sanctioned for violating cookie-rules

The Autoriteit Consument en Markt (ACM), the Dutch authority for consumers and the market, decided on 15 July 2014 that the Dutch Broadcasting Organisation NPO (Nederlandse Publieke Omroep) has violated the cookie-rules of Article 11.7a of the Telecommunicatiewet (Dutch Telecom Act). The enforcement of the cookie-rules is of special interest for governmental websites such as the NPO, considering their role model function in complying with the law. The NPO uses, amongst others, analytical cookies and tracking cookies on their websites in order to comply with the Mediawet (Dutch Media Act). Since...