Batas sa media sa Netherlands: aling mga patakaran ang nalalapat sa iyong inilalathala

Media law in the Netherlands is not one statute but a set of rules that decides what you may publish or broadcast: Article 7 of the Dutch Constitution, the Media Act 2008 (Mediawet 2008), the Copyright Act (Auteurswet), the defamation offences in the Criminal Code (Sr), the tort rules of the Civil Code (BW), the GDPR and EU regulations such as the Digital Services Act. Which rule applies depends on what you publish, on which channel and about whom; newspapers and their websites, for example, are not regulated by the Media Act at all.

This page explains which rules apply to publishers, broadcasters, businesses and content creators, who supervises them, and how a person named in a publication can respond.

What does Dutch media law consist of?

Article 7 of the Constitution prohibits prior permission for publication (censorship), while leaving everyone responsible under the law for what they publish afterwards. Article 7(4) excludes commercial advertising from that protection, which is why advertising can be regulated far more strictly than editorial content.

Article 10 of the European Convention on Human Rights protects freedom of expression and allows restrictions only if they are prescribed by law, pursue a legitimate aim and are necessary in a democratic society. In disputes between private parties, Dutch courts mainly apply that test, because Article 7 of the Constitution binds the legislature rather than deciding conflicts between citizens.

Below those guarantees sit the operative rules. The Media Act regulates broadcasting, on-demand services and video-sharing platforms. The Copyright Act governs reuse of text and images and contains the portrait right. The Criminal Code penalises defamation and, since 1 January 2024, doxing. The Civil Code offers the route used most in practice: a claim in tort under Article 6:162 BW and a court-ordered rectification under Article 6:167 BW.

Does the Media Act apply to the press?

No. Newspapers, magazines and their websites need no licence, are not supervised by the Dutch Media Authority (Commissariaat voor de Media) and are not bound by the content and advertising rules of the Media Act.

The press is subject to general law: copyright, privacy, defamation and the rules on unfair commercial practices. It also has self-regulation through the Netherlands Press Council (Raad voor de Journalistiek), which assesses complaints against journalistic standards. The Council cannot award damages or order removal, and a complaint to it does not stop any limitation period.

Who supervises what?

Supervision and enforcement are separate questions. A regulator can fine a broadcaster but cannot compensate the person harmed; a court can order removal and damages, often within days in summary proceedings (kort geding).

Who falls under the Media Act?

The Media Act 2008 applies to linear broadcasting, on-demand audiovisual services and, since the 2020 implementation of the revised Audiovisual Media Services Directive, video-sharing platforms. Its obligations concern content and advertising: separation of advertising and editorial content, disclosure of sponsorship and product placement, restrictions around children’s programmes, accessibility, and a share of European works in on-demand catalogues.

Commercial video-uploaders on platforms such as YouTube, Instagram and TikTok can also fall under the supervision of the Commissariaat voor de Media if they are registered as a business, publish regularly and earn money from it. The criteria and any registration thresholds are set by the Commissariaat and have been adjusted recently, so check its current policy rules. The core duties are clear disclosure of advertising and sponsorship, stricter rules for content aimed at minors, and no product placement in children’s content. Our article on influencer marketing sa Netherlands explains how these duties combine with the Dutch Advertising Code.

What can you do about a publication that names you?

You can act through the civil courts, through criminal law, or both. In practice, the civil route under Article 6:162 BW is the one that works: a claim for removal, a ban on repetition, damages and a rectification.

Ang ruta ng kriminal

Under Article 261 Sr defamation (smaad) is deliberately damaging someone’s honour or reputation by alleging a specific fact with the evident aim of making it public; Article 262 Sr makes it slander (laster) if the person knows the allegation is untrue, with a maximum prison sentence of two years. Simple insult (eenvoudige belediging) falls under Article 266 Sr. Under Article 269 Sr these offences are in principle only prosecuted after a complaint by the victim.

Since 1 January 2024 Article 285d Sr makes doxing an offence: obtaining, spreading or making available someone’s personal data with the aim of intimidating them, causing serious nuisance or seriously hindering them in their work. The maximum penalty is two years’ imprisonment.

Ang rutang sibil

Whether a publication is unlawful is decided by weighing freedom of expression against protection of honour, reputation and privacy. Neither right prevails in the abstract.

Dutch courts weigh the nature of the allegations and their consequences, the public interest served, the factual basis available at the time of publication, the wording, the reach of the publication, the role of the person concerned, and whether that person was given an opportunity to respond. A serious allegation put to the subject beforehand, with the response fairly reported, is much harder to challenge. If a publication of facts is incorrect or misleading, the court can order a rectification under Article 6:167 BW.

Tamang larawan

Under Article 21 of the Copyright Act a person depicted in a portrait that was not commissioned can oppose publication if he or she has a reasonable interest. Commercially exploitable popularity counts as such an interest, so using someone’s likeness in advertising without consent is a strong claim. See our guide to the larawan sa kanan sa Netherlands at ang aming artikulo sa online na paninirang-puri at pamamahala ng reputasyon.

Older publications and search results

Under the GDPR you can ask for erasure of personal data, and search engines may have to de-index results where your interest outweighs the public interest in access, as the EU Court of Justice held in its 2014 Google Spain judgment. The request goes to the controller first and can then be brought before the district court. De-indexing does not remove the article itself.

How are journalistic sources protected?

Under Article 218a of the Code of Criminal Procedure (Sv) journalists and publicists may refuse to answer questions about the origin of information given to them for publication. The examining magistrate (rechter-commissaris) can set that right aside only if a heavier social interest would otherwise suffer disproportionate harm.

The Dutch rules followed case law of the European Court of Human Rights, including a 2010 Grand Chamber judgment against the Netherlands in which an order to hand over material identifying sources required prior review by an independent body. In practice: keep source material separate, agree who may access it, and involve a lawyer when a demand arrives rather than after you comply.

What do the Digital Services Act and the European Media Freedom Act require?

The Digital Services Act (Regulation (EU) 2022/2065) has applied in full since 17 February 2024. Hosting providers are not liable for user content unless they know it is illegal and fail to act quickly, and there is no general duty to monitor.

Around that core, the DSA sets procedures: a notice-and-action mechanism, a statement of reasons for every restriction imposed on a user, an internal complaint system, out-of-court dispute settlement, and extra duties for very large online platforms. In the Netherlands the Authority for Consumers and Markets (ACM) is the Digital Services Coordinator, with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) competent where personal data and profiling are involved. A complaint about an unlawful post can therefore go to the platform’s notice mechanism and to the civil court, which can order removal and the identification of an anonymous poster. See our article on the Digital Services Act at ang Digital Markets Act.

The European Media Freedom Act (Regulation (EU) 2024/1083) has applied since 8 August 2025. It protects editorial independence, restricts measures to uncover journalistic sources, including spyware, requires media service providers to publish their ownership, and gives recognised media providers the right to be notified and to respond before a very large platform removes their content for breach of its terms.

When may you reuse content without permission?

Only under a statutory exception. Copyright arises without registration when a work is created and, under Article 37 of the Copyright Act, lasts until 70 years after the year of the author’s death.

The quotation right of Article 15a of the Copyright Act allows a quote in a review, discussion, polemic or similar context, provided the work was lawfully published, the quote is proportionate, and the source and author are stated. Article 15 allows reuse of news articles on current topics from other media, unless the right is expressly reserved, which most publishers now do. Neither exception allows you to republish a photo because it illustrates your topic well; that is the most common infringement online.

Linking can also infringe. In GS Media (2016), a case from the Netherlands, the EU Court of Justice held that a hyperlink to unlawfully published work can be a communication to the public if the person linking knew or should have known it was unlawful, and that knowledge is presumed where the link is posted for profit. Our article on kapag pampubliko ang online na nilalaman deals with the boundaries, and manipulated video is covered in our article on mga deepfake sa ilalim ng batas ng Netherlands.

Which rules apply to advertising?

Three layers apply at the same time. The Civil Code prohibits misleading advertising (Article 6:194 BW), regulates comparative advertising (Article 6:194a BW) and prohibits unfair commercial practices towards consumers (Article 6:193b BW), which the ACM enforces.

The Media Act adds disclosure, separation and product placement rules for services within its scope, including commercial video-uploaders. The Dutch Advertising Code, applied by the Advertising Code Committee (Reclame Code Commissie), sets self-regulatory standards for all advertising, with a specific code for social media and influencer marketing. Its recommendations are not enforceable but are published and can serve as evidence in a civil claim.

The recurring failures are simple: sponsored content that is not recognisably marked, sustainability, health or price claims without substantiation, and targeted advertising based on personal data without a lawful basis under the GDPR.

Ano ang dapat mong suriin bilang isang publisher o tagalikha ng nilalaman?

• Do you own or license every text, photo and video, and can you produce the licence?
• Is an identifiable person depicted, and does the public interest outweigh their interest under Article 21 of the Copyright Act?
• Was every factual allegation supported by evidence at the time of publication?
• Did you give the person concerned a real opportunity to respond before publication?
• Is commercial content clearly recognisable as advertising, as the Media Act and the Advertising Code require?
• If you are a commercial video-uploader, do you fall under the Commissariaat voor de Media?

What should you check as a person named in a publication?

• Save the publication, with date, URL and screenshots, before it is changed.
• Identify which statements are factual and which are opinion; only facts can be rectified under Article 6:167 BW.
• Send a written demand for removal or rectification with a short deadline.
• Use the platform’s notice-and-action procedure under the DSA in parallel.
• Consider whether a criminal complaint for defamation (Article 261 Sr) or doxing (Article 285d Sr) is appropriate.

Ano ang maitutulong namin sa iyo tungkol sa batas sa media?

Our lawyers advise publishers, broadcasters, businesses, content creators and individuals; see also our corporate abogado pahina.

• We review a publication or campaign for defamation, portrait right and copyright risks before it goes live.
• We draft or answer a demand for removal or rectification.
• We bring or defend summary proceedings for removal, rectification or a ban on repetition.
• We check advertising and influencer content against the Media Act and the Advertising Code.
• We assist with a source demand from the police or public prosecutor.

Buod

• Dutch media law combines the Constitution, the Media Act, the Copyright Act, the Criminal Code, the Civil Code, the GDPR and EU regulations.
• The press is not regulated by the Media Act; broadcasters, on-demand services, video platforms and commercial video-uploaders can be.
• Publications are usually challenged in civil court under Article 6:162 BW, with rectification under Article 6:167 BW.
• Reuse of content requires permission or a narrow statutory exception such as the quotation right of Article 15a of the Copyright Act.
• Since 1 January 2024 doxing is a criminal offence under Article 285d Sr.

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