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 2017 – TMT – Band 1
What the team is known for Outstanding practice covering all aspects of IT, outsourcing, media and data protection. Also handles IT litigation, e-commerce, licensing and litigation. The media practice is particularly experienced in defamation, copyright and internet litigation. Recently the team has acted for several high-profile new clients, including Facebook and Vice Media.
Strengths One client considers the team to be “the best on media law in Holland” and describes the lawyers as “dedicated and specific.”
Another client says the firm “understands the IT business and is familiar with the most recent IT developments.” The same source praises the “great team spirit within the law firm” as well as its “hands-on mentality,” which makes the team “very easy to work with.”
Work highlights Advised on complex IT integration issues relating to the merger of Ahold and Delhaize.
Defended Ziggo in three separate proceedings regarding requests for user data and information take-down requests.
Significant clients Siemens, ABN AMRO, Persgroep, Telegraaf Media Group, Viacom
- Hester De Vries (Band 1)
- Joost Linnemann (Band 2)
- Jens van den Brink (Band 1)
- Christien Wildeman (Band 3)
- Patrick Wit (Band 2)
Clients say Hester De Vries is “super at translating our demands into practical advice on data protection regulations and is really fantastic at converting thoughts into practical choices.” She is a renowned data protection specialist and advises clients from the healthcare and finance sectors.
Joost Linnemann advises on a range of technology and IT matters including outsourcing, software and IT-related litigation. Clients praise his “good knowledge, positive attitude and likeable character.”
Jens van den Brink acts for a mixture of broadcasters, newspapers and other media outlets, with a particular focus on contentious issues and defamation cases. He acted for NRC Media on a case against Ben Bot, a former Minister of Foreign Affairs. According to clients, he is “a very good adviser who pinpoints specific details in a question and is very quick and clear on communication.”
Clients value Christien Wildeman‘s specialist knowledge with regard to media law and her “ability to handle high-pressure cases.” Recently active in contentious work, she handled various litigation matters for national newspapers including de Volkskrant and Het Parool.
Patrick Wit is praised by one client for his “quick in-depth analysis which helps me understand what I’ve missed.” He is primarily concerned with outsourcing deals, including transactional mandates. He advised VNAB on rules for an IT solution to be employed in the insurance sector.
Legal 500 EMEA 2017 – Media and Entertainment – Tier 1
Kennedy Van der Laan’s ‘absolutely first-class’ team excels in defamation cases and internet-related litigation. The department is led by the ‘very service-minded’ Jens van den Brink, who is an ‘excellent litigator’. Christien Wildeman ‘wins unwinnable cases’.
Legal 500 EMEA 2016 – Media and Entertainment – Tier 1
Practice head Jens van den Brink of Kennedy Van der Laan represented Telegraaf Media Group in a high-profile data protection case against NPO, and acted for KRO-NCRV in a successful appeal against an injunction brought by Media Markt regarding a video broadcast.
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