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Thomas van Vugt
Thomas van Vugt
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When assessing the question of whether an article or an expression is illegal, the court must always balance the right to the protection of personal privacy and the interest of not being unlawfully exposed by a publication to ill-considered and misleading suspicions against the right of freedom of expression. Freedom of the press is an important form of freedom of expression. Still, the press may not write simply anything it wishes. For example, the court may decide that some extremely critical expressions are permitted only if there is sufficient support to be found in factual material.

Compensation of damages and rectification in the event of unlawful publication

If an article or another publication is unlawful, you have a right not only to compensation of damages, but also to rectification. If such is required, a lawyer can initiate preliminary measures to force rectification. The lawyer then demands that the court of provisional relief (interim measures) require the parties summoned to publish rectification, on pain of penalty. It is important to discuss the exact text of the rectification with the lawyer beforehand, along with where and when the rectification must be published.


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