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In its judgment of 16 June 2015, the Amsterdam Court of Appeal decided that media may assume that press reports published by the news agency ANP are factually correct. The case concerned two articles written by journalists of the Dutch newspaper De Telegraaf on the involvement of former directors in the bankruptcy of investment fund Partrust. The investment fund had been under investigation by the Dutch public prosecutor and the Autoriteit Financiele Markten (Financial Markets Authority - AFM) for large-scale investment fraud and undertaking a pyramid scheme for over five years. In one of the two...

On 14 July 2015, the Amsterdam Court of Appeal upheld an earlier District Court decision that critical statements made in a Dutch television programme regarding the airline Ryanair were not unlawful. Around the end of 2012, the Dutch public broadcaster KRO aired two episodes of a programme in which the business practices of Ryanair were said to endanger flight safety. More specifically, it was said that pilots were encouraged to fly with the absolute minimum of fuel and that they felt obliged to fly whilst feeling unwell. KRO also published press releases preceding the broadcasts. Ryanair appealed...

In a decision delivered on 30 September, the Court of Cassation rejected the appeals brought by the channel Arte and the production companies which produce the programme “Intime Conviction” against the appeal judgment delivered under the urgent procedure ordering them to stop broadcasting the programme on pain of penalty payments (see IRIS 2014-4/15). They had also been ordered to pay a provisional amount towards compensation for the prejudice suffered as a result of the invasion of the privacy of the applicant party, a coroner (medical examiner) who had been taken in for questioning after his...

In a judgment of 7 July 2015, the Oberlandesgericht Hamburg (Hamburg Court of Appeal) decided that the “right to be forgotten” can also be asserted vis-à-vis the operator on an online archive (Case 7 U 29/12). The plaintiff sought injunctive relief against the publisher of a national daily newspaper and operator of its internet site, where, in addition to news items, older reports were made available in an online archive. The reports included the institution, progress and discontinuance of investigation proceedings brought against the plaintiff by the public prosecutor’s office and on third parties’...

On 6 October 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-362/14, Schrems v. Data Protection Commissioner, which was a preliminary reference from an Irish court asking whether: (a) national data protection authorities are absolutely bound by a European Commission decision, where an individual claims their personal data is being transferred to a country where there are inadequate laws on data protection, and (b) should a national data protection authority conduct its own review in light of factual developments since a Commission decision was first taken. The...