Category: Dutch media law
The European Court of Human Rights (ECHR) is a body where individuals, groups, organizations and countries can file complaints against EU Member States. The rulings of the Court are final, so there is no appeal. In this case, the ECHR was involved in the question whether the photograph of the Dutch-speaking, minor rapper Rex van P. (who was suspected of homicide) should have been published in the newspaper. Two fundamental Dutch civil rights were diametrically opposite to each other in this case: freedom of expression and freedom of press. The Dutch media law lawyer Thomas van Vugt explains the issue.
Read more about: European Court: publication of rapper in newspaper is breach of privacy
Nowadays, reputational damage due to incorrect statements on the internet is a frequent occurrence. In this case, negative messages about a Dutch school had been posted on Facebook and other sites. The main issue was whether these publications were unjustified. Dutch media law lawyer Thomas van Vugt explains with reference to a recent Dutch ruling how it is determined whether wrongful publications have caused reputational damage.
Read more about: Reputational damage due to negativity on Facebook?
It’s a thorn in the side of all businesses: bad reviews on the Internet. On the other side there is the freedom of opinion and in this country everyone can be critical, also anonymously. When can you demand from Google that bad reviews are removed? Media lawyer Manita Hamberg discusses a recent case where this issue was addressed.
Read more about: When can you have bad reviews removed from Google?
The enforcement measure: committal for failure to comply with a judicial order is intended to put pressure on a sentenced person to comply with orders and prohibitions that have been imposed on this person. This is a drastic measure because a person’s personal freedom is taken away – outside criminal law. This can only be imposed if other coercive measures (such as a penalties) fail. Media lawyer Thomas van Vugt discusses a recent ruling in which committal for failure to comply with a judicial order was imposed to enforce a prohibition of slander.
Read more about: RBS demands committal for stalking ‘whistleblower’