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A new set of Recommendations on freedom of expression, access to information and means of communication, and privacy, was adopted at a recent international conference organised by the Netherlands National Commission for UNESCO. The Recommendations, which focus in particular on the exercise of these rights in an online environment, are divided into a preamble and three substantive sections: human rights protection, access and privacy. The section, “Human rights protection”, opens with a reminder of some of the procedural safeguards governing regulations with a potentially restrictive effect on the...

The Nederlandse Mededingingsautoriteit (Dutch Competition Authority - NMa) has decided that a license is required for the acquisition of Canal+ by the cable company UPC. Following a preliminary investigation, the Nma has come to the conclusion that a dominant position of UPC may arise or be strengthened as a result of the acquisition, with possible restrictive effects on competition. UPC operates a large cable network in the Netherlands and offers television, broadband Internet and telephone services through its cable network. Canal+ is the largest provider of pay-TV in the Netherlands. The NMa...

On 7 February 2005 the government proposed a modification of the Mediawet (Dutch Media Act) referred to as Wetsvoorstel strategie en sturing publieke omroep (Legislative proposal on the strategy and control of the public broadcasting system). Since 2000, the Dutch Media Act provides for an evaluation of the performances of public broadcasting associations by an independent visitation commission. The evaluation is to be held every five years. On 2 April 2004 the first visitation commission, under the chairmanship of Mr. Rinnooy Kan, carried out its evaluation and presented a report on the functioning...

On 15 March 2005 the Rechtbank `s Gravenhage (District Court of the Hague) concluded in summary judgment that there is no reason to prevent Ayaan Hirsi Ali from making another documentary like Submission Part I. Hirsi Ali is a member of the Tweede Kamer (the Dutch Lower House) who fights against the oppression and abuse of women, in particular Islamic women. She wrote two books on this theme and made a film entitled “Submission Part I” in cooperation with Theo van Gogh, who was murdered in November 2004. Hirsi Ali claims that the oppression and abuse of women result from Islamic thinking and its...

On 25 January 2005 the Rechtbank Utrecht (District Court of Utrecht) concluded in summary judgment that two regional television broadcasters were not obliged to broadcast a television commercial. The plaintiff in the case was the author of a book entitled “Judas”, which he described as an erotic thriller. The book contains three stories that all address the relationship between Christianity and homosexuality. The plaintiff developed a television commercial to promote his book. The commercial shows images of Jesus and Judas while a voice-over poses a number of questions on the relationship between...