Media

“Experts in the field of media with a no-nonsense, practical approach.”

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’.

Delivery of Digital Content: the Same as Consumer Sale of Goods?

How the implementation of the Consumer Rights Directive 2011 in the Netherlands is likely to result in legal uncertainties concerning the delivery of...

12 march 2014 

'Unlimited Everything', does it exist?

It’s no news that advertising is important for business. However, it is good to know that there are certain limits to what you may and may not...

29 august 2013 

More Possibilities for Division of Powers of Shareholders

An interesting change that will perhaps be overlooked at first is the possibility to divide voting rights of shareholders. Such a division is...

23 april 2013 

Criminal Conviction for Leaking State Secrets to De Telegraaf

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

Casse-toi, pov’ con! In Eon v. France the European Court of Human Rights (ECtHR; judgment available only in the French language) ruled that the...

27 march 2013 

European Court of Human Rights: Copyright Enforcement May Be in Conflict with Freedom of Speech

Last month, the European Court of Human Rights (ECtHR) rendered an interesting judgment: Ashby Donald et al. versus France. Three photographers...

19 february 2013 

Software Patents in Real Life: the Right to an Electronic Program Guide

Court of The Hague of 19 December 2012, case number 412028 Despite the fact that the Register of European Patents is full of patents for...

11 january 2013 

Embedding is ‘communication to the public’: Judgment in the Nederland.fm Case

The Court of The Hague rendered an interesting judgment on the question whether the embedding of radio streams on the websites Nederland.fm and Op.fm...

11 january 2013 

BOIP Refuses to Register ‘Allah’ as a Trademark

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 

Journalistic Privilege Reinforced in ECHR Ruling De Telegraaf v. the Netherlands

On 22 November 2012, the European Court of Human Rights (“ECtHR”) rendered its judgment in the case between the Dutch newspaper De Telegraaf and...

31 december 2012 

What is the Size of a Permissible Quote?

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 

ECtHR Confirms Importance of Messenger Function of Press

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 

Games of Chance Authority Reveals Parts of the New Enforcement Policy

On 1 April 2012 the new Games of Chance Authority started in the Netherlands, which intends to give a new boost to the enforcement of the games of...

24 july 2012 

Pretium vs TROS - Interesting Judgment for Consumer Programs and Investigative Journalists

The Court of The Hague ruled on 11 July 2012 in proceedings on the merits in the umpteenth case between Pretium and the Dutch broadcaster TROS. The...

24 july 2012 

Judgment on Program Information: Court Rules That It Is Now Up To Politics

In the weekend of 2 June 2012 De Telegraaf had a supplement with the program information for one week. It was announced in the newspaper that this...

27 june 2012 

Freedom of Expression or Defamation?

Judgment of the Supreme Court, 8 May 2012 LJN: BV9188 The Facts Three tramps were standing in the hall of a shopping mall. The police approached...

29 may 2012 

The Protection of Journalistic Sources

The Protection of Journalistic Sources In the Netherlands, the protection of journalistic sources is still not enshrined in the law. On the basis...

26 april 2012 

Mentioning Full Name of Suspect

Marcel B. is a co-suspect in the fraud case concerning the notorious collapse of the Rotterdamsche Droogdok Maatschappij NV (RDM). The main...

28 march 2012 

BBC Successfully Claims the Right to Interview a Prisoner

In 2004 Babar Ahmad was arrested in England by the American government on suspicion of involvement in terrorism. He lodged a complaint against the...

28 february 2012 

European Court in Axel Springer Case: Publications on Actor's Possession of Cocaine Allowed

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...

28 february 2012 

European Court of Human Rights Has Rendered Von Hannover II judgment – More Freedom for Entertainment Press

The European Court of Human Rights (ECtHR) rendered its judgment on 7 February 2012 in the Princess Caroline of Monaco II case. Just like the case...

28 february 2012 

IDTV Wins Second Summary Proceedings About Heineken Kidnapping Movie

On December 1, 2011 the Amsterdam Court rendered its judgment in the second summary proceedings about the Dutch movie ‘De Heineken Ontvoering’...

31 january 2012 

Spitsnieuws Wins Case Concerning Expressions of James Sharpe About Term ‘Porn Baron’

Could Spitsnieuws call the former Member of Parliament for the PVV James Sharpe ‘porn baron’ and ‘king of online porn’? That question was the...

31 january 2012 

Ziggo and XS4ALL Must Block Access to The Pirate Bay

A discussion of the judgment of the Court of The Hague of 11 January 2012 in BREIN/Ziggo-XS4ALL In 2010, BREIN tried to obtain a court order in...

31 january 2012 

European Court of Justice Confirms in Martinez/MGN the Right to Forum Shop in Proceedings on Internet Publication

A discussion of the cases GmbH/X and Olivier Martinez/MGN Ltd of 25 October 2011 In the case of Martinez/MGN (Sunday Mirror), the European Court...

06 december 2011 

Kidnapper fails to obtain injunction prohibiting release of Dutch film on kidnapping of Alfred Heineken

Assesment of the judgment in the case of kidnapper Willem Holleeder versus producer IDTV The facts In 1983, Dutch beer tycoon Freddy Heineken and...

06 december 2011 

RVD Extends Media Code: Linking to Private Photographs of Members of Royal Family Is Unlawful

E-mail from the RVD It appeared that the Dutch Government Information Service (Rijksvoorlichtingsdienst or "RVD") sent a rather special e-mail to...

28 october 2011 

4 Tips for Facebook Promotions

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

Joop Schafthuizen, the life partner of the Dutch author Gerard Reve who died in 2006, is – as his sole heir – the holder of the copyrights to the...

26 july 2011 

Cozzmoss: Damages for Publication of an Article on a Website

Cozzmoss is fighting internet infringements on behalf of a great number of Dutch publishers. Whoever posts an article on his website without the...

30 june 2011 

Max Mosley loses case before the ECHR – no pre-notification right for privacy victims

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 

Belgian Court of Appeal: Google News in Conflict with Copyright

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

Recently, the Supreme Court rendered a judgment (in Dutch) in the much-discussed case between Tros and telecom company Pretium. The heart of the...

29 april 2011 

The Court in Tros v. Pretium: Article 10 of the ECHR Applies to Order to Surrender Video Footage

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

Recently, the long-awaited judgment of the European Court of Human Rights (ECHR) in the case of MGN Ltd. - editor of the newspaper The Daily Mirror -...

24 february 2011 

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...

24 february 2011 

Court of Amsterdam: Parool Was Allowed to Depict Suspect Rex Van P. Recognizably

Rex Van P. had a problematic childhood and was in trouble with the law several times. In 2009, the support agency Spirit for homeless youngsters in...

27 january 2011 

Princess Caroline Takes Another Privacy Case to the ECHR

The struggle of Princess Caroline of Monaco against the paparazzi chasing her led to the most important portrait right case in Europe. Caroline...

28 october 2010 

European Court of Human Rights - Sanoma Wins Autoweek Reporter's Privilege Case versus the Netherlands

A discussion of the judgment of the European Court of Human Rights dated 14 September 2010 On 14 September 2010, the magazine Autoweek and...

30 september 2010 

Court of Appeal of The Hague Allows Portrait Right Claim of Turkish Woman

Turkish Party The Turkish woman had been photographed in discotheque 'Now&WoW' at a Turkish dance party. The photo showed the woman recognizably...

30 september 2010 

Tapes Monitored De Telegraaf Journalist Are Infringing the Journalistic Right of Non-Disclosure - Acquittal of 'Leaking' AIVD Official

A discussion of the judgment of the Court of Haarlem dated 14 July 2010 Fruits of the poisonous tree The Court of Haarlem has acquitted the...

30 august 2010 

European Court: Conviction of Gossip Magazine for Publication of Portrait of a Suspect in Violation of the Freedom of Speech

A discussion of the judgment of the European Court of Human Rights dated 6 April 2010 The Finnish National Conciliator arrived home late at...

16 july 2010 

Court: Order to Remove Unlawful Publication from the Internet Includes Asking Search Engines to Empty their Cache

A discussion of the judgment of the Court of Alkmaar in preliminary relief proceedings dated 3 June 2010 In an online publication, a woman and...

16 july 2010 

Advertising Code Committee: Advertising Campaign Trafigura on Probo Koala Affair Misleading

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?

A discussion of the judgment of the European Court of Human Rights dated 20 April 2010 Statements Le Pen Have Resulted in a Conviction in...

25 june 2010 

GeenStijl vs Nijmeegse Stadskrant: copying of interview allowed with a reliance on the journalistic exception

Court of Amsterdam 12 May 2010, published on MediaReport (in Dutch) In 2008, alderman Van Hooft of Nijmegen was interviewed by a journalist. In...

25 june 2010 

Up to Dutch Court to Prohibit Online Games of Chance of English Ladbrokes at Lotto's Request

European Court of Justice, 3 June 2010, C-258/08 (Lotto / Ladbrokes) The Netherlands have a very restrictive national gaming policy. Offering...

25 june 2010 

Short Extracts Rule from Dutch Media Act Only an Access Rule Because of Copyright

Court of Utrecht in Preliminary Relief Proceedings of 12 May 2010, LJN: BM4200 (in Dutch) The 'Dutch Major League' (Eredivisie) consists of the...

28 may 2010 

Gondola Affair - Municipal Councillor May Accuse Former Alderman of Corruption

A discussion of the Baljé / Stoelinga judgment of the Court of Appeal of The Hague of 16 March 2010 Municipal councillor Stoelinga of Delft...

29 april 2010 

Dutch Newspaper De Volkskrant Can Keep Negative Articles in Internet Archive

In a judgment of 31 March 2010 the Court of Amsterdam ruled that de Volkskrant need not delete articles about Eric Luzac, the founder of the Luzac...

29 april 2010 

After Commitments Commission Accepts Funding Scheme for Public Service Broadcasters

About two-thirds of the funding of the Dutch public service broadcasters comes out of public means. Public funding has to comply with the European...

29 march 2010 

A Few Kilos of Complaints

On the legal weblog 'Media Report' an article (in Dutch) was published about the preliminary relief proceedings that Pretium Telecom had...

26 february 2010 

State Secretary Forced to Rectify Remark in De Wereld Draait Door

A discussion of the judgment of the Court of The Hague in preliminary relief proceedings dated 20 November 2009 State Secretary of Finance De...

26 january 2010 

Search of Premises at Activist Magazine Ravage: State Wins After All

Supreme Court, 19 September 2009 In May 1996, criminal investigators raided the office of the then activist magazine Ravage in Amsterdam, prompted...

26 january 2010 

Kennedy Van der Laan is very pleased to announce the appointment of three new partners

AMSTERDAM, 8 January 2010 - Kennedy Van der Laan has appointed Jens van den Brink, Hester de Vries and Jan Schouten as partners as of 1 January 2010....

08 january 2010 

Press Law: Dutch Supreme Court Sets New Standards

A discussion of the Van Gasteren / Hemelrijk judgment of the Dutch Supreme Court dated 18 January 2008 Background On 24 May 1943 movie maker Van...

29 february 2008 

International Libel and Privacy Handbook

International Libel and Privacy Handbook is the only up-to-date reference of its kind. With it's country-by-country focus - and with special chapters...

09 february 2006 

Seminar Cloud Computing & Adwords

On Tuesday 15 May 2012 the law firm Kennedy Van der Laan organized the seminar Cloud Computing & Adwords in Westerunie in Amsterdam. Some of the...

18 december 2012 
Jens van den Brink

Jens van den Brink

Attorney, Partner

  • Jens van den Brink http://kvdl.nl/en/our-people/jens-van-den-brink/ Attorney, Partner +31 20 5506 843 jens.van.den.brink@kvdl.nl http://www.linkedin.com/pub/jens-van-den-brink/1/501/b9a
  • Liesbeth Berkouwer http://kvdl.nl/en/our-people/liesbeth-berkouwer/ Associate Partner, Attorney +31 20 550 68 76 liesbeth.berkhouwer@kvdl.nl http://www.linkedin.com/in/liesbethberkouwer
  • Christien Wildeman http://kvdl.nl/en/our-people/christien-wildeman/ Attorney +31 20 5506 899 christien.wildeman@kvdl.nl http://nl.linkedin.com/pub/christien-wildeman/13/580/56b