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Legislation

Article 3:296 Dutch Civil Code

Under Dutch law, injunctions are based on Article 3:296 DCC, which indicates that if someone is obligated to give, to do, or to refrain from doing something towards another, he is ordered so by court. On the basis of this article, intermediaries that commit a tort can be obligated to do or refrain from doing something.
Legislation

Article 6:162 Dutch Civil Code

Article 6:162 DCC is the general basis for claims for damages that arise from torts. On the basis of 6:162(1) DCC, “a person who commits a tort towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.” Article 6:162(2) DCC provides three categories of torts that need to be repaired. These types of acts are considered ‘onrechtmatig’ (unlawful). The first category of acts is that of a breach of right. An example of such a right is a property right. The second category is that of acts or omissions that violate a statutory duty. This may be the case when a written rule of unfair competition is violated and a competitor of the tortfeasor suffers damage from this violation. The third category relates to acts or omissions that violate a “rule of unwritten law...
Paper/Research

Netherlands Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Court Decision

Rechtbank Amsterdam [District Court Amsterdam], Civil law, X. v. Facebook, ECLI:NL:RBAMS:2015:3984

(1) The Amsterdam District Court ruled that Facebook has a duty to identify a person who has uploaded a revenge porn video on its social network. (2) In this case, the video displays a woman, Chantal, performing oral sex on her now ex-boyfriend. A fake account bearing Chantal’s name was created and used to share the private video with her friends and others. Chantal’s ex-boyfriend, who recorded the video, has always denied uploading the video. Although Facebook removed the video within one hour, the video had already found its way online and is still being shared. (3) Chantal went to court and claimed release of information identifying the person who created the fake account and uploaded the video. The Lower Court of Amsterdam today ruled against Facebook. According to the Court, Facebook acted unlawfully by not...
Court Decision

Gerechtshof Amsterdam [Court of Appeals Amsterdam], Civil law, GS Media v. Sanoma, ECLI:NL:GHAMS:2013:4019

The case is about leaked nude photographs of Dutch television-personality Britt Dekker that had yet to appear in Playboy magazine. An unknown person had stored the photographs online with Filefactory’s hosting service. Dutch entertainment website Geenstijl had posted a link to the file containing the photographs. The Court of Appeals of Amsterdam held that linking to copyright-protected material that is available on the web elsewhere is no different from a footnote referring to earlier published works. In principle, linking to copyright-protected works on the web does not communicate those works to the public and does not constitute a copyright infringement. This may be different if the works were untraceable and inaccessible to the public before the intervention. Although Geenstijl was not held liable for copyright...