European Court applies Von Hannover II criteria in defamation case

In the case of Print Zeitungsverlag GmbH v. Austria, Bezirksblatt, a regional newspaper distributed free of charge in in Tyrol in Austria, reported on an anonymous dissemination of a letter (printed in 300 copies) concerning two brothers who were both local politicians. The letter posed a number of questions about the brothers such as: “Would you buy a car from this man?”, “Is this man honest with his family?” and “Does this man have the necessary personal/professional qualifications?’’. The article in the regional newspaper was called “Anonymous campaign against M&M”. In the article the letter was published in its full length together with …read more

French court awards damages for breach of privacy to alleged mistress of French president Hollande

On 27 March 2014 French magazine Closer was ordered by the Tribunal de Grande Instance de Nanterre to pay 15,000 euros in damages for breach of privacy to French actress Julie Gayet. On 10 January 2014 Closer had published an article with the title “François Hollande and Julie Gayet, the secret love of the president”, which we addressed in an earlier post. The article was accompanied by several photos including one of Gayet entering her apartment.

Gayet argued that the article was an interference with her right to private life as it described her private emotions and was published with the sole purpose of satisfying the curiosity of a certain public without in any way contributing to a debate of general interest.

Furthermore, Gayet underlined that she had never herself confirmed the allegations made by the magazine. On the contrary, she had consistently denied any such rumors. She additionally mentioned …read more

Conviction of cyberstalker upheld on appeal

In 2012 a woman from Amsterdam called D. was convicted in summary proceedings for Cyberstalking, Identity Theft, Harassment, Threats and Defamation. She had been stalking the American film maker Christopher Johnson IV and the actress Mariana Tosca, mainly through the internet (we wrote about this case here, in Dutch). As far as we are aware, this was the first ruling in the Netherlands about cross-border stalking through the Internet. A special aspect of the case was that it was heard according to American law and that the Dutch court awarded punitive damages.

D. brought an appeal against the judgment. In its ruling, the Amsterdam Court of Appeal …read more

Article 10 of the Convention includes the right of access to data held by an intelligence agency

Guest post by Dirk Voorhoof, Ghent University.*

In its judgment of 25 June 2013 in the case of Youth Initiative for Human Rights v. Serbia the European Court of Human Rights has recognised more explicitly than ever before the right of access to documents held by public authorities, based on Article 10 of the Convention (right to freedom of expression and information). The judgment also recognises the importance of NGOs acting in the public interest. The judgment contains a particularly important …read more

Consultation on proposed regulation of online gambling: Dutch market opens up at a price

The Dutch government has proposed new regulation for online gambling in The Netherlands. The Minister of Justice took his time and after more than two years of consideration finally submitted his proposal for public consultation. As indicated, the online gambling market will be regulated through permits. Stakeholders will be pleased that the government is finally trying to …read more

Games of Chance Authority Reveals Parts of the New Enforcement Policy

logo-kansspel1A few months ago, we reported about the start of the new Games of Chance Authority in the Netherlands, which intends to give a new boost to the enforcement of the games of chance policy. At that time not much was known about the exact approach of this new Authority, except that it would have the power to impose hefty fines. Meanwhile, enforcement has started and 40 providers of games of chance that are aimed at the Dutch market have been warned that they must adapt their websites. An interesting aspect is …read more

Mediateam Kennedy Van der Laan in Chambers and Legal 500

2012

The 2012 edition of the two main international rankings for lawyers have been released, Legal 500 and Chambers. Here are the comments about the media team of Kennedy Van der Laan.

Legal 500 in the category ‘media and entertainment’ on Kennedy Van der Laan: 
‘A very accessible firm, which is informal but has very experienced lawyers’, Kennedy Van der Laan is noted for its freedom of press work. Jens van den Brink is ‘an outstanding lawyer in the field of media law and defamation; very experienced and up to date’. Machteld Robichon-Lindenkamp provides ‘know-how in media cases and special …read more

European Court in Axel Springer Case: Publications on Actor’s Possession of Cocaine Allowed

On 7 February 2012 the European Court of Human Rights (“ECtHR”) rendered a judgment not only in the Caroline van Hannover II judgment, but also in the case of Axel Springer vs. Germany. This case resembles that of the Princess of Monaco.

The Axel Springer case is about the publication of two articles about a well-known German television actor in the daily newspaper Bild, of which the Axel Springer group is the publisher. The first article alleged that the actor – who thanks his fame mostly to his role as a policeman – had been arrested for possession and use of …read more

European Court of Human Rights Has Rendered Von Hannover II judgment – More Freedom for Entertainment Press

carolineThe European Court of Human Rights (ECtHR) rendered its judgment on 7 February 2012 in the Princess Caroline of Monaco II case. Just like the case that led to the first Princess Caroline judgment of 2004, this affair was also about the balance between her privacy and the freedom of the press. In the Caroline II judgment the Caroline I judgment is further elaborated on. The judges came to an unanimous ruling …read more

On BBC News about Holleeder’s lawsuit against Heineken Kidnapping movie

bbc-news-2-february-2012BBC News had an item today about the release of Willem Holleeder. The BBC report also mentions the film “the Heineken Kidnapping” and comments on the lawsuit conducted by Willem Holleeder against the film’s producer IDTV. On that matter I have been briefly interviewed as IDTV’s attorney. Please …read more

Dutch Movie Producer IDTV Wins Second Procedure About Heineken Kidnapping Movie – Claims of Kidnappers Denied

Dutch newspaper Spits Wins Free Speech Case Against Former MP

Introduction of new Games of Chance Authority starting on 1 April 2012

9 Reasons Why a ‘Right to be Forgotten’ is Really Wrong

Kidnapper fails to obtain injunction prohibiting release of Dutch movie on kidnapping of Alfred Heineken

New Dutch cookie law to be debated in the Dutch Senate?

Sex tape victim Max Mosley fails to stretch privacy law before the European Court of Human Rights

New Dutch cookie law requires prior consent from internet users

Legal Review Plesner vs. Louis Vuitton judgment: Artistic Freedom Prevails Over IP-rights

Plesner vs. Louis Vuitton judgment: important victory for artistic freedom