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IRIS 2019-9:1/21 [NL] Court orders Dutch broadcaster BNNVARA to broadcast rectification over YouTube episode

In a decision of 11 July 2019, the Midden-Nederland District Court ordered broadcaster BNNVARA to broadcast a rectification in respect of a #BOOS YouTube episode (“boos” means “angry” in Dutch). The episode contained unproven and incorrect statements about two Dutch real estate entrepreneurs, according to the court. The YouTube series calls upon angry viewers to complain about various topics, such as dismissals, lost packages or expensive mobile phone subscriptions. In each episode the host aims to solve an angry viewer’s problem. #BOOS has won various awards, such as the Best Social Award 2019...

IRIS 2019-9:1/20 [NL] Court prohibits journalist from publishing certain classified information

In a decision of 12 July 2019, the Amsterdam District Court prohibited a journalist from publishing certain information in a forthcoming book. According to the court, the argument that the publication of the information could put a source from the Dutch secret service in a life-threatening situation was sufficiently convincing. Investigative journalist Huib Modderkolk works for the Dutch newspaper De Volkskrant. The journalist intended to publish a book entitled “Het is oorlog maar niemand die het ziet” ("It's war, but no one sees it") in September 2019. The journalist sent a manuscript to the...

IRIS 2019-9:1/18 [GB] Political activist imprisoned after contempt of court retrial

The former leader of political activists the English Defence League (EDL) Tommy Robinson (his real name is Stephen Yaxley-Lennon) was imprisoned for nine months after a retrial by judges of the Central London Criminal Court (known as the Old Bailey) concerning an incident which occurred in May 2018, when, outside Leeds Crown Court, he filmed defendants attending trial accused of the sexual exploitation of young girls. The footage, which was in breach of a reporting ban, was livestreamed from outside Leeds Crown Court while the jury was considering its verdict. Mr Robinson argued in his defence...

IRIS 2019-9:1/12 [DE] OLG Düsseldorf expresses serious doubt over legality of Bundeskartellamt's Facebook decision

In a decision of 26 August 2019 (Case no. VI-Kart 1/19 (V)), the Oberlandesgericht Düsseldorf (Düsseldorf Higher Regional Court – OLG Düsseldorf) temporarily lifted the order issued against Facebook by the Bundeskartellamt (Federal Cartel Office – BKartA) at the start of the year concerning the social network’s combination of user data (see IRIS 2019-4/10). It thought the prohibition notice and termination order issued by the Cartel Office were potentially unlawful and should therefore not take effect until a final court decision had been reached. The OLG Düsseldorf’s judgment followed the Cartel...

IRIS 2019-9:1/10 [DE] Supreme Court rules that report on nude photo blackmail can infringe privacy rights

In a ruling of 30 April 2019 (Case no. VI ZR 360/18), the Bundesgerichtshof (Federal Supreme Court – BGH) decided that the BILD newspaper had infringed the right to privacy of pop star Lena Meyer-Landrut by publishing a report about nude images of the singer. The report followed the theft, by unknown individuals, of a laptop owned by the singer’s boyfriend that contained private images of the singer. The thieves then demanded that the singer pay a large sum of money to prevent them from publishing the images. The BILD newspaper wrote that “spicy photos of the pop star” would be accessible “with...