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On 11 March 2015, the District Court of Amsterdam granted a “right to be de-listed” claim against the owner of online archives. The plaintiff claimed that the defendant should be ordered to ensure that news articles in its online news archives would no longer be listed in Google search results displayed following searches made on the basis of the plaintiff’s name. The case involved a businessman against Erdee Media, a Dutch Christian media company that publishes a reformational newspaper and two online archives containing articles from several Christian publications. In 2005, the newspaper published...

Ofcom has an obligation to consider whether a broadcaster has avoided unjust or unfair treatment of individuals and organisations featured in a broadcast pursuant to Rule 7.1 of Ofcom’s Broadcasting Code (The Code). This Rule was applied by Ofcom in determining a complaint against a Pakistan Community TV Station based in the UK called ARY News. They determined that the broadcaster had unfairly or unjustly treated a Mr Mansoor Ijaz during a broadcast. On 14 February 2014, ARY News broadcast a current affairs programme called Khara Sach (translated as “the Plain Truth”), which made various allegations...

On 6 May 2015, the audiovisual groups TF1, Canal +, M6 and France Télévisions, as well as the Association de Lutte contre la Piraterie Audiovisuelle (association to combat audiovisual piracy - ALPA) sent a letter to the CEO’s of Facebook and Twitter pointing out the need to introduce filtering mechanisms and steps to combat piracy on their sites. Copies were also sent to Minister for Culture, Fleur Pellerin. The representatives of the main French editors and producers of audiovisual and cinematographic works said they were alarmed by the new functions set up by both Facebook (368 million videos...

On 11 of March 2015, the new Cookie Act came into effect in the Netherlands, amending Article 11.7a of the Dutch Telecommunications act (Telecommunicatiewet) (see IRIS 2014-10/28 and IRIS 2012-7/32). The act governs access to and storage of information on a terminal of an end-user via an electronic communications network. The new Cookie Act has interesting implications for the consent requirement regarding certain types of cookies that can be deemed non-privacy invasive. The previous law already exempted functional cookies, which are technically indispensable in order to provide a requested service...

On 5 February 2015, the District Court of Amsterdam partly upheld a complaint against the Dutch public broadcaster Avrotros. The proceedings had been initiated following the 11 November 2014 episode of the Dutch television show “Opgelicht” (“Swindled”), in which attention was paid to a large scale insolvency fraud allegedly committed by the plaintiff and the company for which he worked. During the episode concerned, the plaintiff’s name was mentioned, an image of his driver’s licence was shown and words of an accusing nature were used. As an immediate consequence, the plaintiff started preliminary...