// Netherlands · Review removal
Telecom company wins court order removing blogger's unsubstantiated fraud accusations
Rechtbank Almelo ·
ECLI:NL:RBALM:2012:BW3330
The case
Total Telecom and its director succeeded in their interim proceedings against a blogger who accused them of connections to the porn industry and fraud via blogs and Twitter. The court ruled these statements were unlawful as they lacked sufficient factual substantiation, despite freedom of expression.
What the court considered
- 01Defendant provided no factual substantiation for suggestive and grievous statements about porn industry connections and fraud
- 02The statements were suggestive, grievous and far-reaching, requiring high standards for factual substantiation
- 03The right to protection of honor and reputation prevails over freedom of expression when statements lack sufficient factual basis
- 04The use of metatags containing plaintiffs' names in negative contexts was also deemed unlawful
- 05Defendant's defense that she was being threatened could not justify her own defamatory statements
What this means in practice
Bloggers and social media users must be able to substantiate accusations of fraud or other serious offences with facts. Companies can obtain effective legal protection against unfounded online attacks, including removal from search engine caches. This case demonstrates how Dutch courts balance freedom of expression and protection against defamation online, with the burden of proof being crucial for far-reaching accusations.
Legal basis
- Artikel 6:162 BW (onrechtmatige daad)
- Artikel 10 EVRM (vrijheid van meningsuiting)
- Artikel 7 Grondwet (vrijheid van meningsuiting)
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