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On 1 January 2009, the Mediawet 2008 (Media Act 2008) came into effect in the Netherlands, replacing the old Mediawet (Media Act). Like its predecessor, the purpose of the new Act is to provide a legal basis for Dutch media policy. The scope of media policy in the Netherlands includes, inter alia, the financing and regulation of national public service broadcasting, the regulation of commercial radio and television and the broadcast of events of major importance for Dutch society. This latter category of events is listed in the accompanying Mediabesuit 2008 (Media Decree 2008). Two reasons can...

Eredivisie N.V. (hereinafter: ENV) is the legal person in charge of organizing the Eredivisie (the highest league) of football in the Netherlands. The football clubs which play in the Eredivisie hold the rights for the broadcasting of their football matches. Defendant Myp2p is a website which provided online live broadcasts of these matches (livestreams). Applicants ENV and the football clubs requested an interlocutory injunction against Myp2p to prevent imminent infringement of their intellectual property rights by, among other things, the livestreaming of the football matches. This ex parte petition...

In the Netherlands a code of conduct on Notice-and-Take-Down (NTD) has been drawn up. The code establishes a procedure for intermediaries that have been notified about online content that is punishable or unlawful. The code was presented to the secretary of Economic Affairs and announced in a press release on 9 October 2008. It was adopted in the context of a project undertaken by the Nationale Infrastructuur Cyber Crime (National Infrastructure against Cybercrime - NICC), a public private partnership that brings together stakeholders to collaborate in the fight against cybercrime. The partnership...

On 19 August 2008, the Dutch district court of Haarlem issued a preliminary injunction in a case which the British Performing Rights Society (PRS) commenced against the Dutch copyright collecting society BUMA. PRS had complained that BUMA illegitimately granted licences covering the PRS repertoire outside the Netherlands. BUMA had previously signed a pan-European licence agreement with the US-based online electronic music retailer beatport.com. This licence covered all of the world’s music repertoire for which BUMA, because of the reciprocal representation agreements (RRAs) with collecting societies...

The movie “Fitna”, created by the Dutch right-wing politician Geert Wilders, has given rise to two provisional judgements in the Netherlands. The first judgement, concerning freedom of speech, turned out to be positive for the politician, while the second resulted in a fine, due to intellectual property infringements. On 28 March 2008, the movie “Fitna” was broadcast from the Internet site Liveleak.com. The movie included negative remarks about Islam. The prophet Mohammed was called a “barbarian” and Islam and the Koran were linked with fascism. Before the release of the movie, the Dutch Government...