// Netherlands · Review removal

Court Orders Google to Remove Defamatory Blogs, Unmask Anonymous Writers

Rechtbank Oost-Brabant · 2 May 2014

ECLI:NL:RBOBR:2014:5774

The case

An individual accused on blogs of serious crimes including fraud and pedophilia demanded that Google remove these blogs and provide identity data of anonymous writers. The court partially granted the claim, ordering Google to remove two specifically unlawful blogs and provide identity information, but denied a general future removal obligation.

What the court considered

01Two specific websites/blogs must be removed as they accuse plaintiff of criminal activities without factual basis
02Google must provide identity data of writers/owners of blogs with presumably unlawful content based on Lycos/Pessers jurisprudence
03General future removal obligation denied as too vague and Google already operates effective 'notice and take down' policy
04Balancing test between honor and reputation versus freedom of expression favors plaintiff regarding evidently unlawful accusations

What this means in practice

Victims of online defamation may hold platforms liable for removing clearly unlawful content and disclosing the identity data of anonymous perpetrators. Platforms must implement effective notice and take down procedures to prevent broad removal orders. This ruling demonstrates how Dutch courts balance protection against online defamation with freedom of expression, and provides clarity on when platforms can be compelled to remove content and disclose identities.

Legal basis

Artikel 6:196c BW
Artikel 8 EVRM
Artikel 3:296 BW
Artikel 6 sub e Rv

Review removal

Related rulings

// GET IN TOUCH

Free Case Assessment

Describe your situation and receive a free assessment of your chances, estimated hours, and recommended approach, within 48 hours.

Free & no obligation

Response within 48 hours

Over 90% of our requests granted

600+ cases handled

Your data is treated confidentially