In the fall of 2014 the Amsterdam Court was offered a chance to shed light on the interpretation of the Google Spain (Costeja) decision of the European Court of Justice, which created a ‘right to be forgotten’. The court then ruled that Google was right to refuse to remove links to refused a convicted criminal to profit from this judgment. To our knowledge, this was the first decision in its kind. Last week, the Amsterdam court ruled on yet another request to be forgotten. It again found in favour of Google and this time decided that the right of removal is not meant to …read more
The case of Tierbefreier E.V. v. Germany before the European Court of Human Rights (ECHR) concerned the dissemination of a film of 20 minutes with the title ‘’Poisoning for Profit’’, showing monkeys used for research in a laboratory. The film was based on footage made by an undercover journalist who had used a hidden camera to document how the monkeys were treated by staff and what their living conditions were like. Before the applicant association Tierbefreier E.V. made the film public parts of the footage had been showed on TV by various broadcasting companies. The content of the film consisted to a large extent of accusations that the company using the monkeys did not live up to existing legal standards for using research animals. The German courts issued an injunction against Tierbefreier …read more
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
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
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
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
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
A 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
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
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