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On 1 October 2024, the Commissariaat voor de Media (Dutch Media Authority – CvdM) published an important draft regulation on exemption from the investment obligation for on-demand audiovisual media services. This follows the enactment of an amendment to the Dutch Media Act requiring streaming platforms – with an annual Dutch turnover of more than EUR 10 million – to invest 5% of that turnover in Dutch audiovisual productions such as series, films and documentaries (see IRIS 2024-1/15, IRIS 2023-7/10 and IRIS 2022-8/16). The new draft regulation contains rules on how exemptions...

On 7 October 2024, the Samenwerkingsplatform Digitale Toezichthouders (Dutch Digital Supervisory Cooperation Platform – SDT), which is comprised of four major Dutch regulatory authorities, published a significant recommendation that additional measures are needed to protect children and young people from social media influencer marketing. The SDT is an important regulatory cooperation platform established in 2022 by the Netherlands Authority for Consumers and Markets (ACM), the Netherlands Authority for the Financial Markets, the Dutch Data Protection Authority, and the Dutch Media Authority...

On 12 September 2024, the Netherlands Authority for Consumers and Markets (Autoriteit Consument en Markt – ACM) published its Guidelines on due diligence obligations for providers of intermediary services under the Digital Services Act (DSA). These Guidelines aim to assist Dutch companies in navigating the complex legal landscape introduced by the DSA. They are also expected to facilitate the implementation and enforcement of the DSA in the Netherlands. The provisions of the DSA have applied to all providers of intermediary services since 17 February 2024. However, much uncertainty...

On 12 July 2024, the Ombudsman of the Dutch Public Broadcasting Foundation (Stichting Nederlandse Publieke Omroep) issued a significant decision on a recent controversial interview conducted by the public broadcaster PowNed. Notably, the Ombudsman held that the interview violated the Journalistic Code of Conduct and could be “damaging to the trust in journalism as a whole, and in public broadcasting in particular”. The case garnered considerable public debate, with the broadcaster admitting it was a “tasteless item” and was “completely disrespectful to women in general”....

On 2 August 2024, the Amsterdam District Court (Rechtbank Amsterdam) delivered a significant judgment on YouTube’s suspension of an online news outlet from YouTube’s monetisation programme, over the channel’s “misleading content”, including on the climate crisis. Notably, the Court rejected the news outlet’s claim that there had been a violation of its right to freedom of expression, and said YouTube had the freedom to create an “advertising-friendly environment”, where certain channels are deemed “unsuitable for advertising” over misleading...