Media is one of the core markets of Kennedy Van der Laan. The client base of the Media Team covers the full media: television and radio stations, TV and film producers, blogs, internet providers, newspapers and publishers of books and magazines.
Unlawful publications and the field of tension between freedom of speech and privacy
The field of tension between freedom of speech and privacy is a spearhead of the media practice. When is a publication unlawful? This question relates to subjects like hearing both sides of a story, attack journalism, taping conversations, linking and online publications, the online archive, how to act when news is published about suspects/convicts, and claims for rectification, recall and damages. We also handle many cases on image right and other rights issues, for example on formats, parody and the right to quote, games of chance, liability of intermediaries on the Internet and other internet-law issues.
Regulation of the Media
Besides, the Media Team focuses on the regulation of the media: the rules applicable under the Media Act to public and commercial broadcasters and other media parties. This work relates to issues like access to the public broadcasting system, advertising and sponsorship, rules for video-on-demand services and public-private partnerships.
General media practice
We naturally also assist clients in more general issues, like contracts, which work requires knowledge of the media market as well as a thorough understanding of general civil law.
Through its many years of experience, the Media Team of Kennedy Van der Laan has obtained great expertise in the media field. We combine this expertise with the practical and to-the-point approach of Kennedy Van der Laan. No buts and maybes, but a clear advice that puts you on the right track.
The enthusiasm of Kennedy Van der Laan in the media field can also be found on the blog of our media group, on www.mediareport.nl, where we share the latest legal media news. Follow the media report blog on Twitter via @MediaReportnl.
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. fdOther clients include De Persgroep Publishing, Telegraaf Media Group and MTV. Practice head Jens van den Brink is ‘a very good strategic lawyer’.
The reputable “Chambers Guides” has announced its nominations for the “Chambers Europe Law Firm of the Year Awards 2015″ and Kennedy Van der...11 march 2015
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Introduction The Court of Appeal of Amsterdam has convicted two former employees of the AIVD, a man and a woman, in criminal proceedings for leaking...02 april 2013
European Court of Human Rights Emphasizes Importance of Satire and Citizen Participation in Public Debate
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Last month, the European Court of Human Rights (ECtHR) rendered an interesting judgment: Ashby Donald et al. versus France. Three photographers...19 february 2013
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Introduction The Benelux Office for Intellectual Property (BOIP) has refused (in dutch) to register the Allah sign illustrated as a device mark in...11 january 2013
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Right to Quote According to Section 15a of the Dutch Copyright Act, it is allowed to quote a copyright-protected work without the consent of the...29 october 2012
Is it mandatory for a journalist to check the statements made by the interviewee? Must he verify whether there was a factual basis for these...25 september 2012
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European Court of Human Rights Has Rendered Von Hannover II judgment – More Freedom for Entertainment Press
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European Court of Justice Confirms in Martinez/MGN the Right to Forum Shop in Proceedings on Internet Publication
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Kidnapper fails to obtain injunction prohibiting release of Dutch film on kidnapping of Alfred Heineken
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Facebook can count on more and more attention of businesses, inter alia for the promotion of products and services. One way of doing this is by...30 september 2011
Joop Schafthuizen Wins Preliminary Relief Proceedings on Quotes from Unpublished Work of Gerard Reve
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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...27 may 2011
A discussion of the judgment of the Court of Appeal in Brussels of 5 May 2011 regarding Google/Copiepresse Just like the lower Belgian court ruled...27 may 2011
The Supreme Court in Tros v. Pretium: Showing Hidden-Camera Images in the Event of an Abuse is not Unlawful
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Court of The Hague in Preliminary Relief Proceedings 25 February 2011, KG ZA 11-137, (Tros v. Pretium) Telecom company Pretium has been in...28 march 2011
European Court of Human Rights (Naomi Campbell case): English Success Fee Conflicts with Freedom of the Press
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European Court of Justice: Spanish Newspaper Allowed to Link Moroccan Royal Family to Drugs Trafficking
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European Court of Human Rights - Sanoma Wins Autoweek Reporter's Privilege Case versus the Netherlands
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Tapes Monitored De Telegraaf Journalist Are Infringing the Journalistic Right of Non-Disclosure - Acquittal of 'Leaking' AIVD Official
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European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech
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Court: Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache
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Complaint by Greenpeace In half-page-sized advertisements about the Probo Koala affair, which Trafigura had published in the fall of 2009 in all...25 june 2010
European Court of Human Rights: Conviction Le Pen for Hate Speech was Justified - Dark Clouds Gathering over Wilders?
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GeenStijl vs Nijmeegse Stadskrant: copying of interview allowed with a reliance on the journalistic exception
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