Media is one of the focus areas of Kennedy Van der Laan. Our Media team is known for its expertise in the field of freedom of expression. We combine our expertise with a no-nonsense, practical approach.
Clash Between Freedom of Expression and Privacy
Conflicts about publications often occur when the freedom of expression and the right to privacy collide:
- When is a publication unlawful?
- May I use material that has been “obtained illegally” for my story?
- May I record a conversation, and if yes, may I do this surreptitiously?
- Do I have to swipe the Internet clean if I am ordered to delete a publication?
- When is an intermediary on the Internet liable for third-party content?
- Can anyone who is depicted in a photograph protest against its publication on grounds of portrait right?
- What are the rules for bringing news about suspects and convicts?
- Is the journalistic right of non-disclosure an absolute right?
This is the field of tension in which the attorneys of the Media team feel at home.
We run an extensive litigation practice and also have broad experience in handling very urgent cases. We regularly conduct proceedings in which we already appear in court within a few days, or sometimes − for example in an upcoming TV broadcast − only a few hours after accepting the case.
Various Media Clients
Our clients include several national daily newspapers, public and commercial television broadcasters, TV and film production companies, magazine and book publishers, blogs and internet providers. The attorneys of the Media team give guest lectures on media and law at various universities.
Chambers Europe 2014 – TMT – Band 1
What the team is known for Experienced IT team with an impressive record of advising on international privacy mandates. Acclaimed for its understanding of defamation and freedom of speech matters in the media field, and also handles regulatory and copyright issues. Clients include broadcasters, publishers and newspapers.
Strengths (Quotes mainly from clients) “The real talent of the team is its ability to work under extreme pressure and still get the job done.”
“For media-related litigation it is at the top of the league. The team has a very strong track record in these matters, varied experience and deep knowledge of the area.”
“The team has excellent knowledge of the relevant legal fields combined with great business understanding.”
What’s new? NRC Media and De Persgroep Publishing are among the firm’s new clients.
Work highlights Represented TMG in a litigation against Dutch TV broadcasters concerning the attempted publication by the client of a weekly TV guide.
Represented KRO in defamation proceedings.
Notable practitioners Clients say Joost Linnemann “brings things to the table in an extremely clear way and is very strong at thinking strategically and assisting us to move forwards in the process.” He is noted for his work on international projects.
Practice group head Patrick Wit “is a very business-oriented lawyer who brings good advice and experience to projects,”say market observers. He handles outsourcings, telecoms projects and litigation.
Jens van den Brink has an excellent reputation for media projects, particularly unlawful publications and freedom of speech matters. “He is very easy to work with, hands-on in his approach and provides good, practical advice,” say clients.
“We were very impressed with Christien Wildeman and the way she prepared and handled our case,” enthuse clients, adding: “She always has a strong argument and clearly really knows the background of the matter.”
Hester de Vries “is one of the best on the market for privacy matters,” say respondees. Her clients include international banks and infrastructure operators.
Significant clients Audax Publishing, De Persgroep, IDTV, PowNed, Reed Business.
Legal 500 EMEA 2014 – Media and Entertainment – First tier firm
Kennedy Van der Laan has ‘relevant industry knowledge and a down-to-earth approach’. The practice recently defended broadcasting company KRO in defamation proceedings brought by Ryanair. Other clients include De Persgroep Publishing, Telegraaf Media Group and MTV. Practice headJens van den Brink is ‘a very good strategic lawyer’.
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