Freedom of Speech

“We often come into action where freedom of expression and privacy collide. ”

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.

Urgent Cases

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 2016 – TMT – Band 1

What the team is known for Highly regarded for media, IT and outsourcing expertise, with growing strength in litigation and high-profile recent work regarding financial technology, media regulation and freedom of speech. Also noted for experience in privacy, defamation, e-commerce and licensing.

Strengths (Quotes mainly from clients)

“Kennedy Van der Laan has a good team. It provides a really complete approach – it went beyond the purely professional realm. I think on the whole the co-operation with the firm was excellent.”

“The lawyers have in-depth knowledge of the market and applicable laws, but are very good at keeping things simple for non-lawyers. I was very impressed by the quality and speed of their service.”

Work highlights Represented Telegraaf Media Group in a dispute against the NPO regarding whether data is protected by IP rights and the publication of that data.

Acted for KRO-NCRV on proceedings against Ryanair concerning broadcasts that criticised Ryanair’s safety culture.

Notable practitioners 

Hester De Vries specialises in data protection and privacy. Clients value her as a “sparring partner in showing us all scenarios and strategic routes.” She advised Vereniging van Zorgaanbieders voor Zorgcommunicatie on a dispute relating to its national electronic patient data exchange.

Jens van den Brink has been especially active recently in handling defamation and copyright disputes for broadcasters and newspapers. Clients say he is “very good, he knows what he is talking about and he always reacts very promptly.” He advised UPC Nederland on a dispute in which a German rights holder organisation was seeking to disclose the identity of UPC subscribers who had exchanged pirated movies.

Joost Linnemann is a strong IT and technology litigator and also advises on outsourcing and other IT projects, particularly regarding software. He has been recently active in the finance and healthcare sector. Clients value that he is “very knowledgeable and detail-focused.” He acted for Alert Life Sciences Computing on a dispute concerning the alleged failure to develop and implement electronic healthcare software.

Patrick Wit focuses primarily on outsourcing matters, and is also active in telecoms litigation. Clients appreciate his “great sense of humour and in-depth knowledge on every aspect of IT contracting. He’s very accessible too and very pleasant to work with.” He advised Vereniging Nederlandse Assurantie Beurs on an IT project in the insurance sector.

Christien Wildeman handles media disputes, particularly regarding defamation as it relates to journalists. Clients state that she is “quite sharp. I like working with her, she is always available.”She advised KRO-NCRV and CCCP on a dispute concerning the broadcasting of video recordings made within Media Markt premises.

Significant clients ABN AMRO, De Persgroep, Microsoft, NRC Media, Siemens.


 

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.


 

Chambers Europe 2015 – TMT – Band 1

What the team is known for Market-leading IT practice spanning litigation, outsourcing and acquisitions. Notable expertise in data protection. The media team is strong in litigation, notably disputes related to freedom of expression and defamation.

Strengths (Quotes mainly from clients)

“The team responds quickly and offers good strategies to choose between.”

“The lawyers are very responsive, practical and hands-on.”

What’s new? Added CGI, De Telegraaf, NCRV, Q-Music and Siemens as clients.

Work highlights Representing Telegraaf Media Group in a claim brought by NPO relating to De Telegraaf’s publication of a weekly TV guide.

Assisted Alert/Hiscox with proceedings against five Dutch hospitals related to a failed IT project worth EUR20 million.

Notable practitioners 

Jens van den Brink leads the media team, specialising in defamation and unlawful publication. Clients value his litigation expertise, practical advice and the fact that “he can always give you a solution.”

Hester De Vries is a renowned privacy and data protection expert. She advises clients on compliance, litigation and investigations and is widely described as “one of the best in the field.”

Patrick Wit heads the technology and telecoms practices. He has particular expertise in outsourcings and is admired for his ability to navigate complex supply chains.

Joost Linnemann has a strong track record on technology disputes. Sources are quick to highlight his “excellent analytical and interpersonal skills.”

Rising star Christien Wildeman focuses on freedom of expression, defamation and IP issues. “She understood what we were fighting for and really knows the media industry,”enthuse clients.

Significant clients Capgemini, De Persgroep, Royal Ahold, Microsoft, NRC Media, UPC.


 

Legal 500 EMEA 2015 – Media and Entertainment – Tier 1

Within Media and entertainment, Kennedy Van der Laan is a first tier firm, Kennedy Van der Laan’s ‘excellent, friendly, and co-operative’ practice has extensive experience in defamation, freedom of speech, copyright, internet-related IP issues, and media regulation. Practice head Jens van den Brink continues to represent TMG against NPO in a copyright case. The team also works for Q Music and Fox International Channels.

The Legal 500 Rankings 2017

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Chambers and Partners Europe Rankings 2017

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13 april 2017 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 2016

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27 june 2016 

Kennedy Van der Laan Appoints Four Counsel

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14 january 2016 

8 Questions on the Legal Aspects of Live Streaming with Meerkat and Periscope

The newest episode of Game of Thrones was streamed live on a massive scale. HBO is of the view that this is violating its intellectual property...

22 june 2015 

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 

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 

Freedom of Expression or Defamation?

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29 may 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 

Freedom of Expression in Employment Law

Palomo Sanchez and others/Spain There have been proceedings between a Spanish company and four of its employees about the question of whether...

06 december 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 

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 

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 

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 
Jens van den Brink

Jens van den Brink

Attorney at law, Partner

  • Jens van den Brink https://kvdl.com/our-people/jens-van-den-brink/ Attorney at law, Partner +31 20 5506 843 jens.van.den.brink@kvdl.com http://www.linkedin.com/pub/jens-van-den-brink/1/501/b9a
  • Christien Wildeman https://kvdl.com/our-people/christien-wildeman/ Attorney at law, Counsel +31 20 5506 899 christien.wildeman@kvdl.com http://nl.linkedin.com/pub/christien-wildeman/13/580/56b