On December 1, 2011 the Amsterdam Court rendered its judgment in the second summary proceedings about the Dutch movie ‘De Heineken Ontvoering’ (The Heineken Kidnapping), starring Rutger Hauer. These proceedings were instituted against producer IDTV by two men who were involved in the kidnapping of the beer mogul, Frans Meijer and Jan Boellaard. We reported in the October 2011 newsletter on the first summary proceedings, which were instituted by Willem Holleeder (also one of the kidnappers) against the producer. In that [Read more…] about 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
Could Dutch newspaper Spits call the former Member of Parliament for the PVV James Sharpe ‘porn baron’ and ‘king of online porn’? That question was the reason for the preliminary relief proceedings which Sharpe initiated in 2011 against Spits. In two articles Spits jokingly used the above-mentioned terms, with which it referred to an affair around [Read more…] about Dutch newspaper Spits Wins Free Speech Case Against Former MP
Sex tape victim Max Mosley fails to stretch privacy law before the European Court of Human Rights
Sex Tape Leads to Struggle About Pre-Notification Right
The European Court of Human Rights (“ECHR”) has rendered a judgment in the Mosley vs UK case, about which we already wrote here, here and here on our MediaReport website (in Dutch). The ECHR has established that the United Kingdom has not violated the privacy rights of Mosley under Article 8 of the European Convention on Human Rights. Privacy victims do not have a right to [Read more…] about Sex tape victim Max Mosley fails to stretch privacy law before the European Court of Human Rights
Louis Vuitton sues Danish artist Plesner in the Netherlands over depiction of bag in art work
Danish artist Nadia Plesner is studying at the Rietveld Academie in the Netherlands. One of Plesner’s works of art, Darfurnica (see picture on the left), is modeled after Picasso’s Guernica and expresses the artist’s surprise at the attention that is paid to nondescript celebrities like Paris Hilton, while humanitarian disasters like those in Darfur remain rather unnoticed. In the middle of the painting an African child is depicted, holding a bag. Louis Vuitton is of the view that the pattern of this bag infringes its [Read more…] about Louis Vuitton sues Danish artist Plesner in the Netherlands over depiction of bag in art work
European Court of Justice: Spanish Newspaper Allowed to Link Moroccan Royal Family to Drugs Trafficking
In 1995 the Spanish newspaper Diario 16 reported on the discovery of almost 5000 kilos of hashish in the false bottom of a lorry of the “Domaines Royaux” company, which belongs to the Moroccan Royal Family. The headline read “A family company belonging to Hassan II implicated in drug trafficking.” In Spain, all courts up to the Constitutional Court ruled that this was an illegal interference with the “droit fondamental au respect de l’honneur” of the King of Morocco. The newspaper was sentenced to pay compensation not only because [Read more…] about European Court of Justice: Spanish Newspaper Allowed to Link Moroccan Royal Family to Drugs Trafficking
European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands
On 14 September 2010, the magazine Autoweek and publisher Sanoma won their case before the European Court of Human Rights (“ECHR”) versus the Netherlands. By demanding Autoweek to surrender photographs, the Netherlands have acted contrary to the freedom of information as guaranteed by Article 10 of the European Convention on Human Rights (the “Convention”).
The case concerns a police raid in 2002 at the editorial office of Autoweek, during which photographs of an illegal street race in Hoorn were seized. The photographs had been taken by a journalist of Autoweek after having guaranteed the anonymity of [Read more…] about European Court of Human Rights – Sanoma Wins Autoweek Reporter’s Privilege Case versus the Netherlands
Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official
Fruits of the poisonous tree
The Court of Haarlem has acquitted the (according to the AIVD) ‘leaking’ AIVD official who would have provided Dutch newspaper De Telegraaf with information about Iraq. This acquittal is mainly based on the journalistic right of non-disclosure. The Dutch General Intelligence and Security Service (AIVD) had bugged various De Telegraaf journalists and had thus obtained evidence against the AIVD official. According to the [Read more…] about Tapes of Monitored Dutch Journalist Infringe Reporter’s Privilege – Acquittal of ‘Leaking’ AIVD Official
European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.
The Finnish National Conciliator arrived home late at night with his girlfriend, apparently not hindered by the fact that his wife, who was not amused, was also living in the same house. There was a fight: the National Conciliator and his female friend against the wife. The son of the house also received some blows (given by the female friend). The National Conciliator and his female friend were arrested and later convicted.
The Finnish magazine 7-päviää wrote about this fight and published photographs and the full name of the female friend (who, as the magazine revealed, also appeared to be dancing the samba with yet another man). Was this allowed? Or was this an unlawful invasion of the privacy [Read more…] about European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech.
Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache
In an online publication, a woman and her husband have accused several institutions of doing nothing to stop the sexual abuse of her daughter and several grandchildren by her ex-husband. The couple was ordered in preliminary relief proceedings to remove the online publication from the Internet “to the extent that these articles cannot be retrieved anymore in any way whatsoever by any search request on the Internet”. The order carried a penalty of EUR 2,500 for each day of non-compliance, with [Read more…] about Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache
European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified – Dark Clouds Gathering over Dutch politician Wilders?
Statements Le Pen Resulted in a Conviction in France
In a recent judgment, the European Court of Human Rights (published only in the French language) has rejected a complaint of the politician of the Front National Jean-Marie Le Pen. Le Pen complained against his conviction for inciting hatred in France. His conviction was based on, amongst other things, the following statement: ‘The day there are no longer 5 million but 25 million Muslims in France, they will be in charge. And the French will press their backs against the wall, will step off the sidewalk with their eyes fixed on the ground. If they do not do so, they will be told: “Why are you looking at me. You wanna fight?” Then you’d better start running, before you’re beaten up.’
