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On 6 February 2013 the highest Dutch administrative court, the Raad van State (Council of State), decided on an appeal filed by the Dutch regional public service broadcaster “RTV Noord-Holland” regarding cuts to RTV Noord-Holland’s budget. RTV Noord-Holland is funded by the Province of Noord-Holland. In 2011 het college van Gedeputeerde Staten van Noord-Holland (Executive Board of the Province of Noord-Holland) informed RTV Noord-Holland that its budget for 2012 would be 10% lower than the previous year and that the real index, which was usually added to its budget to compensate for increases in...

In a Regulation of 17 December 2012, the Dutch State Secretary of Education, Culture and Science amended the annex to Article 17 of the Mediaregeling 2008 (Media Regulation 2008). Consequently, as of 1 January 2013, on demand media services are subject to supervision costs. The Media Regulation 2008 contains implementation provisions of the Mediawet 2008 (Media Act 2008). According to Article 17, commercial media organizations must contribute to the costs of supervising their media services by the Commissariaat voor de Media (the Dutch Media Authority). These costs are determined on the basis of...

On 29 November 2012, the Raad van Bestuur (Board of Directors) of the Nederlandse Mededingingsautoriteit (Competition Authority - NMa) decided that the acquisition of Eredivisie Media & Marketing (EMM), exploiter of the Dutch premier league soccer broadcasting rights on behalf of the top league clubs, by Fox International Channels is a concentration that does not require a permit. Fox would obtain a 51 percent share in EMM as a result of the acquisition. According to the Board, the concentration does not lead to horizontal effects that could lead to a significant impediment of the competition on...

In 2009 and 2010, the Dutch public service broadcaster Omroepvereniging Tros aired the children's television series “Het Sprookjesboomfeest”. On 28 June 2011, the Commissariaat voor de Media (the Dutch Media Authority - CvdM), imposed a fine of EUR 120,000 for non-compliance with the Dutch Media Act, the Mediawet 2008 (Mw). According to the CvdM, Omroepvereniging Tros had infringed the principle of non-commerciality by being servant to the profits of commercial third parties (Article 2.141(1) Mw) and by acting in conflict with the sponsor rules for public service broadcasters (Article 2.89(1)(b)...

For the third time in a short period, the European Court of Human Rights has found that the Netherlands authorities have disrespected the right of journalists to protect their sources. This time the Court is of the opinion that the telephone tapping and surveillance of two journalists by the Netherlands security and intelligence services (AIVD) lacked a sufficient legal basis as the law did not provide safeguards appropriate to the use of powers of surveillance against journalists with a view to discovering their sources. Also an order to surrender leaked documents belonging to the security and...