ECtHR in Becker: Robust protection of journalistic sources remains a basic condition for press freedom

After our first assessment of the Becker ruling of the ECtHR, here is a more in-depth analysis of the verdict.

Guest post by prof. Dirk Voorhoof, Ghent University.*

In the judgment in the case Becker v. Norway the ECtHR showed once more its concern about the importance of the protection of journalistic sources for press freedom and investigative journalism in particular. The ECtHR emphasised that a journalist’s protection under Article 10 ECHR cannot automatically be removed by virtue of a source’s own conduct, and that source protection applies also when a source’s identity is known. The judgment has …read more

Missed Opportunity – Dutch Supreme Court Copy-Pastes Google Spain Judgment

In a judgment dated 24 February 2017 the Dutch Supreme Court followed the considerations of the EU Court of Justice in the Google Spain judgment regarding the right to be forgotten. Although the Dutch court must adhere to the judgments of the EU Court of Justice, this is nevertheless a missed opportunity. Particularly because this way established case law of another European court, the European Court of Human Rights (ECHR), and of the Dutch Supreme Court itself is brushed aside very easily, without

…read more

Hyperlinking at one’s own risk – CJEU in GS Media / Sanoma

By Joran Spauwen and Jens van den Brink[1]

The GS Media decision[2] of 8 September 2016 is the latest chapter in the case law from the Court of Justice of the European Union (“CJEU”) on hyperlinking and copyright. Some consider it a questionable outcome with drastic restrictions on the freedom to link, and consequently of the freedom of information. Others feel the GS Media decision is merely a logical consequence of CJEU’s previous case law on the copyright holder’s exclusive right to ‘communicate his work to the public’. In any event, the decision has caused quite a stir, which may in part be due to the racy facts underlying this …read more

European Court upholds criminal conviction for purchasing illegal firearm as a form of ‘check it out’ journalism in Salihu ao v. Sweden

 Guest post by professor Dirk Voorhoof and Daniel Simons.*

Investigative journalism sometimes operates at the limits of the law. This is especially true of what could be called ‘check it out’ journalism: reporting in which a journalist tests how effective a law or procedure is by attempting to circumvent it. A recent decision shows that those who commit (minor) offences during this type of newsgathering activity cannot count …read more

Guest post by Dirk Voorhoof, Ghent University.*

 

The Grand Chamber strikes again: Bédat v. Switzerland

Criminal conviction of journalist for having published documents covered by investigative secrecy in a criminal case is no violation of Article 10 ECHR

It has become common knowledge amongst “Strasbourg observers” that the Grand Chamber of the European Court of Human Rights doesn’t have the best reputation in terms of guaranteeing the right of freedom of expression and information. In earlier cases such …read more

Top rankings for media team Kennedy Van der Laan

The two most authoritative legal rankings for lawyers have recently been published: Chambers and Legal 500. The Kennedy Van der Laan media team has again been awarded top rankings in both guides in the category media and entertainment (see Chambers and Legal 500).

Jens van den Brink is mentioned as ’notable practitioner’ in the Chambers ranking: “Jens van den Brink has been especially active recently in handling defamation and copyright disputes for broadcasters and newspapers. Clients say he is “very good, he knows what he is talking about and he always reacts very promptly.” He advised UPC Nederland on a dispute in which a German rights holder organisation was seeking to disclose the identity of UPC subscribers who had exchanged pirated movies.” Legal500 …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

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