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The Netherlands: The MFRR and the CASE deplore abusive…

The MFRR and the CASE deplore the lawsuit against Het Financieele Dagblad

The Media Freedom Rapid Response (MFRR) and the Coalition Against SLAPPs in Europe (CASE) deplore the lawsuit against Dutch daily newspaper Het Financieele Dagblad (FD) and stand in solidarity with the FD and its journalists. The case, of which the hearing will take place on 13 November 2023, is a clear attempt to silence and discourage Het Financieele Dagblad and its journalists from further reporting.

On April 6, 2023, het Financieele Dagblad (FD), a Dutch daily newspaper specialising in business and finance, received a summons from Willem Blijdorp, founder and majority shareholder of the wholesale company B&S. Blijdorp is suing the newspaper and its editor-in-chief Perry Feenstra in a civil case before the Amsterdam District Court over two articles published in November 2022 about his investments in Iranian quarries. The legal basis of the claim is a wrongful act: Blijdorp’s lawyers argue that the article violates his honour and good name, and thereby violates Article 8 of the ECHR and article 7 of the EU Charter of Fundamental Rights. 

Published on November 2, 2022, the first article revealed that Blijdorp, who was vice-chairman of the B&S supervisory board, had hired nine B&S employees to advise and direct his private investment in Iranian marble. According to the newspaper, the involvement of B&S employees contradicts what the B&S executives had told other shareholders in April 2022, thereby omitting the risk that Blijdorp’s Iranian interests would violate sanctions.

A follow-up article was published on November 3, entitled “American watchdog: major shareholder B&S violates Iran sanctions”, which quotes the American non-profit organisation, United Against Nucluear Iran (UANI), describing Blijdorop’s simultaneous business relations with Iran and the United States as “a clear violation of Iran sanctions”.

The summons claim that the sole purpose of the reporting by the FD was to damage Blijdorp, and that the claims were “suggestive and partially incorrect”. Blijdorp asked for the two articles to be removed from the FD website, a correction in the print and online editions and for compensation of both material and immaterial damages to be paid.

 

Abusive tactics

Our organisations have closely assessed the legal claim and believe it qualifies as a Strategic Lawsuit Against Public Participation (SLAPPs): abusive litigation filed by powerful individuals aimed at silencing and intimidating legitimate watchdog journalism.

Blijdorp did not opt for summary or preliminary relief proceedings (kort geding), the common route in the Netherlands for cases legitimately aimed at limiting reputational damage following a publication, but instead started main proceedings (bodemprocedure, i.e. proceedings on the merits). These proceedings are much longer than a kort geding and will unnecessarily drive up the legal costs for Het Financieele Dagblad. Blijdorp also asked the journalists to present all their sources to the court. In addition, he claims an excessive amount of €150.000 for non-material damages, while material damages will be calculated in separate proceedings.

In a concerning development on June 20, 2023, Blijdorp filed a petition to summon witnesses, including the journalist and possible sources. Furthermore, several sources received letters from Blijdorp’s lawyers – prior to the lawsuit – requesting them to urgently clarify which information the FD provided to them before giving their testimony. 

A hearing will be held at the Amsterdam Civil Court on November 13,  2023. The MFRR and CASE argue that this legal claim should be considered as a Strategic Lawsuit Against Public Participation (SLAPP) and needs to be dismissed at the earliest stage. We also reiterate our solidarity with the journalists of Het Financieele Dagblad who have already had to devote a great deal of time and resources to their defense, while trying to protect the confidentiality of their sources.

 

Threat to press freedom

The case against Het Financieele Dagblad highlights the threat posed to press freedom in Europe. While the European Union has traditionally been considered a beacon of press freedom, we see an alarming increase in legal intimidation through the use of SLAPPs that threatens the freedom and safety of journalists.  

A draft EU Directive to protect targets of SLAPPs held high promise, but ongoing negotiations between the European Commission, the European Parliament, and the Council of the European Union, may fail to translate European values into action. A watered-down version of the directive will provide no meaningful protection for journalists, media outlets, activists and civil society organisations in Europe. 

As we enter the final stages of the negotiations on the directive, this timely example again illustrates the crucial importance of a strong early dismissal mechanism, a wide definition of the notion of ‘cross-border’ and full compensation of damages. Otherwise similar cases will continue to mushroom throughout the EU, seriously weakening media freedom and the ability of journalists and media outlets to play their watchdog role, thereby undermining the public’s right to know.

Signed by:

  • Free Press Unlimited
  • European Federation of Journalists (EFJ)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • European Centre for Press and Media Freedom (ECPMF)
  • Coalition Against SLAPPs in Europe (CASE)
  • ARTICLE 19 Europe

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

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Urgent action needed by the Netherlands to protect civic…

Urgent action needed by the Netherlands to protect civic space against SLAPPs and other forms of legal intimidation

Legal intimidation and SLAPPs (Strategic Lawsuits Against Public Participation) are attempts to intimidate and silence public watchdogs through lengthy and expensive litigation proceedings by starting meritless lawsuits.

These threats mostly target civil society actors participating in public debates, including human rights advocates, whistle-blowers, climate activists and even academics more broadly. Under the pretext of seeking justice or protecting their rights, those who start these actions only seek to drain them from their resources (time and money) and force them to self-censor.

 

These abusive tactics have become a very effective way to repress dissent and limit the public’s access to truthful information. Perhaps the most famous example of SLAPPs is the case of the Maltese journalist Daphne Caruana Galizia, who at the time of her death had 47 defamation cases pending against her. Similar intimidatory tactics are also taking place closer to home. Dutch journalist Okke Ornstein was an exemplary case in 2016, when he was imprisoned for criminal defamation for exposing corruption in Panama; the lawsuits filed by Pretium Telecom against several journalists like Peter Olsthoorn for publishing about their seemingly unethical practices; the legal actions started by different dairy companies to stop the public campaign of Dier&Recht bringing attention to the animal cruelty that is part of the industry; among many others. As such, SLAPPs are a growing threat to freedom of speech, press freedom, civil society, and democracies all over the world. The Netherlands is no exception.

 

Due to these mounting concerns, countries such as the USA, UK, Canada, Australia, South Africa, and the Philippines have been taking firm steps to stop legal intimidation via laws or their judiciaries. For example, the UK both set out a Call for Evidence to collect as much SLAPPs data as possible in a short period of time as well as adopt a criteria-test to define and recognize SLAPPs cases. In 2010, The Supreme Court of the Philippines introduced limited anti-SLAPP protections in the cases related to environmental protection in its Rules of Procedure for Environmental Cases. In 2021, in South Africa, the Western Cape High Court established an Anti-SLAPP defence available for defendants who believe that a lawsuit is brought with the intention of silencing them (Case Number 7595/2017). We believe that the Netherlands (and the European Union, and all its member states) cannot lag behind in putting a stop to SLAPPs and other forms of legal intimidation against public watchdogs.Therefore, we call on the Dutch authorities to: 

 

Establish a systematic and coordinated mechanism to monitor these forms of intimidation.

The Netherlands should systematically monitor SLAPPs and other forms of legal intimidation against journalists, climate activists, human rights defenders, and other public watchdogs. The current cabinet’s position as expressed in the BNC fiche from June 3rd, 2022 is that there are few to no SLAPPs in the Netherlands. We believe this is not necessarily accurate and it is not a reason to refrain from preventative measures, given the proliferation of SLAPPs across Europe and the absence of adequate monitoring of SLAPPs. For example, recent data collected by the NVJ shows that legal intimidation against journalists in the Netherlands is very real: 1 out of 10 journalists have faced legal action(s) in connection with a publication; 25% of journalists are more cautious with publishing their work due to the legal risks related to journalism; and 10% even adjusts their publication or refrains from publishing completely. It is vital that from now on, these forms of legal harassment are monitored, not only against journalists but against civil society more broadly. Moreover, such monitoring must be systematic and coordinated. Besides quantitative monitoring, more background research is needed to better understand the source and rationale behind these threats.

 

Next to obtaining a better understanding of the level and scope of legal intimidation against civil society actors in the Netherlands, it is crucial that the Netherlands supports the EU regulatory proposals to protect journalists, climate activists, human rights defenders, and other public watchdogs, including our own organizations, against such harassment, including suits abroad that might lead to enforcement proceedings in the Netherlands. Therefore the undersigned organizations call on the Netherlands, as a global champion of freedom of expression and human rights more broadly, in particular to: 

 

Take a leading role in ensuring ambitious and robust legislative measures are adopted to address SLAPPs across Europe.
We urgently need legislation and regulatory action to protect these vital actors in society who serve the public interest. The EU anti-SLAPP Directive and the accompanying Recommendation as proposed by the European Commission, currently being debated in the EU member states, provide a solid foundation. However, the recently leaked version of the Anti-SLAPP Directive as coordinated by the Swedish Presidency of the European Council has immensely watered-down the provisions of the EU Commission’s initial proposal. We strongly believe that in order for any legislation to effectively protect those affected by SLAPPs and other forms of legal intimidation, the Netherlands should commit to ensuring that  the provisions of the initial SLAPPs Directive are preserved as much as possible. 

 

The Netherlands should take a frontrunning role by promoting progressive anti-SLAPP protections within its borders and more widely in Europe by supporting the EU Anti-SLAPPs Directive. Adopting robust legislative and regulatory measures to protect against SLAPPs is not only important in terms of preventing these forms of intimidation from taking place, but also to maintain the Netherlands’ longstanding reputation as a champion of freedom of expression and human rights globally. 

Signed by:

  • Article 19
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited
  • Greenpeace International
  • International Union for Conservation of Nature (IUCN), National
  • Committee of the Netherlands
  • Nederlandse Vereniging van Journalisten (NVJ)
  • Netherlands Helsinki Committee (NHC)
  • OBC Transeuropa (OBCT)
  • Oxfam Novib
  • Otto Volgenant, lawyer (independent) 
  • Tarlach McGonagle, academic (independent)

This statement was coordinated by the Coalition Against SLAPPs in Europe and the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, candidate countries, and Ukraine.

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Netherlands: Press freedom groups concerned about video with hostile…

Netherlands: Press freedom groups concerned about video with hostile rhetoric by Dutch politician against reporter

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against independent journalists by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

The Media Freedom Rapid Response (MFRR) and its partners express today their concerns about hostile rhetoric used against an independent journalist by Dutch political party Forum for Democracy (FvD). Such problematic language creates an intimidating climate for public interest journalism, normalises both online and physical targeting of the press, and can lead to self-censorship amongst the journalistic community. We urge the FvD to put an end to its dangerous smear campaign against independent media.

 

On October 23, a 10-minute video called ¨Sewage rats unmasked¨ was published on social media by FvD. The video features Dutch MP Gideon van Meijeren, who posted the video with the accompanying text: “Activists who conduct sewage journalism can no longer get away with their lies, disinformation and fake news. Time for a counterattack.” The video singles out national television channel SBS6´s political reporter Merel Ek, who had asked Van Meijeren a question about the meaning of the word ´liquidate´ a week before. In the video, Van Meijeren says this to be the first episode of a series in which ¨sewage rats¨ are unmasked. He expresses his hope that the unmasking of ¨sewage journalism¨ has a preventative function; ¨Because as long as those journos keep getting away with their disgusting practices, they will continue to do so unabashedly. A confrontation is therefore unavoidable¨. He portrays the political reporter as a ¨sewage journalist¨ and when walking across various press offices comments on the ¨incredible sewage smell¨. 

 

The video is highly intimidating and is detrimental for the safety of journalists in the Netherlands. This hostile political rhetoric against journalists was one of the concerns that gave rise to the MFRR fact-finding mission to the Netherlands in February 2022. It fits in a broader problematic trend in the Netherlands where public figures denounce the free press. In 2021, Partij voor de Vrijheid’s (PVV) party leader Geert Wilders tweeted that ¨all journalists are scum bags – with some exceptions”. FvD´s party leader Thierry Baudet retweeted this. Such rhetoric, combined with increasing polarisation, fraying trust in mainstream news sources and conspiracy theories about the role of the media, contributes to growing anti-press sentiment stewing on social media networks, leading to threats against journalists both online and on the streets. Moreover, the (online) harassment that typically follows can lead to self-censorship. The attacks on the media and journalists were reflected in RSF’s 2022 World Press Freedom Index which ranked the Netherlands 26th as opposed to the 6th place in 2021.

 

The recent video led to many statements from public officials and the journalistic community. Prime Minister Mark Rutte described the video as an all-time low: “In a democracy, journalists should be able to do their job without being discredited.” Multiple ministers and leaders of political parties have denounced the intimidating rhetoric used in the FvD video. Thomas Bruning, the Secretary of the Dutch Journalists Union (NVJ), has shared serious concerns about the impact this may have on journalistic freedoms, and has expressed the need for a discussion within the journalistic community about how to deal with these forms of intimidation. The NVJ is exploring whether legal steps can be taken. 

 

We welcome swift denunciation of this rhetoric and the vocal support given to the journalist by democratic political officials and figures and the wider journalistic community in the Netherlands. To improve the safety of media staff in the Netherlands moving forward, the MFRR and its partners deem it imperative to identify concrete next steps to ensure that such hostile comments and inflammatory messages, which have proven to be detrimental to the general safety of media outlets and individual journalists, are the subject of thorough investigation by the Dutch authorities. It is crucial that such an investigation is not only limited to the video content itself, but also looks at criminal offenses that can follow in the aftermath of such a video such as online harassment, personal commentary and doxxing. The Dutch authorities must provide transparency about the outcomes of such an investigation, to contribute to the broader discussion. 

 

We also call for the issue to be high on the agenda during the upcoming plenary parliamentary debate on press freedom and the safety of journalists in the Netherlands. Engagement should not be limited to the political sphere, but rather fuel a public debate about the role of the press in the Dutch democracy. Finally, the Dutch Parliament must be a place where journalists can do their jobs freely, without fear of intimidation. We call on the Chairman and members of the Boards of Appeal to explore measures to ensure that the work environment of journalists within Parliament is one without fear of intimidation. Independent political reporters and journalists have a crucial watchdog role in democratic societies and must be able to do their jobs freely, in particular within Parliament. Our organisations stand ready to provide expertise and will continue to monitor the situation closely.

Signed by:

  • ARTICLE 19 Europe
  • European Centre for Press and Media Freedom (ECPMF)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • Nederlandse Vereniging van Journalisten
  • OBC Transeuropa (OBCT)
  • PersVeilig
  • Reporters Without Borders (RSF)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

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Netherlands: Press freedom organisations welcome policy debate on media…

Netherlands: Press freedom organisations welcome policy debate on media freedom and journalists’ safety

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

The partners in the Media Freedom Rapid Response (MFRR) and other undersigned press freedom organisations welcome the publication of the letter from the Dutch Government to the Parliament of 29 June 2022 regarding a proposed policy approach on media freedom and safety of journalists.

 

We commend that in preparation of its letter, the Government has taken into account reports by domestic and international journalists’ and civil society organisations, including the work of the Nederlandse Vereniging van Journalisten, the recent MFRR report ‘Towards a safer haven: Advancing safety of journalists amidst rising threats in the Netherlands’ and Reporters Without Borders’ World Press Freedom Index

 

The undersigned organisations, while recognising that the Netherlands remains – by global standards – a relatively safe place for journalists and media workers, found there is room for improvement in a number of areas. These include the need to ensure a better understanding of the role of the press among the general public and the fact that specific categories of journalists, including women and freelance reporters, suffer specific threats that require a more targeted policy approach. We also call for a tailored approach to police protection against serious threats from organised crime. Furthermore, we recommend an enhanced focus on preventive measures. 

 

The undersigned organisations welcome the Government’s constructive approach to these concerns, which we find reflected in its letter to Parliament, and look forward to seeing how this initial proposal will be further developed and strengthened through the upcoming parliamentary debate after recess, and beyond. In this regard, we also stress the importance of due implementation. We hope that throughout this process, politicians and policy makers will continue to seek and constructively engage with the views of domestic and international professional associations and civil society organisations, and we remain ready to participate in this process.

Signed by:

  • ARTICLE 19 Europe
  • Committee to Protect Journalists (CPJ)
  • European Centre for Press and Media Freedom (ECPMF)
  • European Federation of Journalists (EFJ)
  • Free Press Unlimited (FPU)
  • International Press Institute (IPI)
  • OBC Transeuropa (OBCT)
  • Reporters Without Borders (RSF)

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States, Candidate Countries and Ukraine.

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MFRR fact finding mission to the Netherlands February 2022 Library

Netherlands: Towards a safer haven: Advancing safety of journalists…

Netherlands: Towards a safer haven: Advancing safety of journalists amidst rising threats in the Netherlands

Following interviews with more than twenty local stakeholders, the MFRR concludes that policy and practice around the safety of journalists in the Netherlands in many ways constitutes a best practice example, thanks to its pioneering PersVeilig mechanism. Nevertheless, there remains a need to strengthen several areas to better protect journalists and media workers against the increasingly hostile climate pursuant to intensified societal polarisation and threats emanating from organised crime.

The report details the findings and recommendations of the MFRR’s online fact-finding mission that took place in February 2022, led by Free Press Unlimited (FPU) together with the European Centre of Press and Media Freedom (ECPMF) and the International Press Institute (IPI), with the participation of the other MFRR partners plus the Committee to Protect Journalists and Reporters Without Borders, and in collaboration with the Nederlandse Vereniging voor Journalisten (NVJ).

The Netherlands generally remains a safe haven for journalists and media workers. The pioneering PersVeilig mechanism is a key actor in ensuring and advancing journalists’ safety and is a noteworthy example of constructive cooperation and dialogue between the journalistic community and state authorities. Both symbolically and practically, PersVeilig makes it clear that attacks and harassment of reporters are not tolerated and are addressed collectively.

While the assessment of PersVeilig is overwhelmingly positive, both among the MFRR’s partner organisations and its interlocutors during the fact-finding mission, room for improvement remains in a number of areas. These include implementing agreed-upon protocols more consistently and ensuring the project’s capacity and continuity.

Despite the relatively favourable conditions for press freedom and a pioneering mechanism, the MFRR mission confirmed that aggression against journalists is on the rise amidst a hardening of public debate and increasing polarisation in society. Subsequently, and despite the high willingness to cooperate between the journalistic community and law enforcement, the need remains to ensure a better understanding of the role of the press during protests, as well as changes to operational procedures to protect this role.

Certain categories of journalists suffer specific threats, particularly freelance reporters and women journalists. In this regard, it became clear throughout the mission that the Dutch approach to the safety of journalists lacks a gender lens. Moreover, while the Dutch policy approach scores well when it comes to putting in place mechanisms to protect journalists and prosecute offenders, there is room for improvement as concerns prevention.

Furthermore, with regard to threats from organised crime, there is a need to study the creation of tailored protection packages and consider improvements to the protection of journalists who cover high-profile criminal trials.

In light of its findings and to ensure that the Netherlands maintains its leadership position when it comes to the safety of journalists, the MFRR issued more than twenty specific recommendations to the authorities of the Netherlands, law enforcement, the journalistic community, PersVeilig and social media platforms.

The fact-finding mission to the Netherlands was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

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MFRR to host press conference on journalist safety in…

MFRR to host press conference on journalist safety in the Netherlands

As part of an international fact-finding mission to map the declining safety of journalists in the Netherlands, Free Press Unlimited, the European Center for Press and Media Freedom, and the International Press Institute are organising an international press conference on April 13th 3:30-4:30 PM CEST.

The report is published as part of the Media Freedom Rapid Response. A panel discussion will be held with, among others, crime reporter Paul Vugts and Thomas Bruning, Secretary General of the Dutch Association of Journalists. This will be a hybrid event with the chance to ask questions both in-person and online.

The Netherlands is internationally known for having one of the highest levels of press freedom worldwide (ranking 6th in the 2021 World Press Freedom Index); PersVeilig often being cited as a best-practice example. However, there are growing concerns regarding an uptake in aggression against journalists. With an increase in attacks on journalists in the Netherlands, the decision by major Dutch Public Broadcaster NOS to remove their broadcaster logos from its vans in order to protect employees, and following the murder of Peter R. de Vries in broad daylight, the topic of press freedom in the Netherlands is receiving more and more international attention.

To investigate this further, Free Press Unlimited took the lead in an international fact-finding mission. As part of the mission, Media Freedom Rapid Response (MFRR) partners together with the Committee to Protect Journalists and Reporters Without Borders, conducted several interviews with, among others, some of the country’s most renowned investigative journalists, editors-in-chief, the Police Department, key academic figures, and influential policy-makers. The findings of these interviews have been compiled and mapped out as part of an international research study on the safety of journalists in the Netherlands. Ultimately, the research study maps out key findings of the discussions that were held, providing expert recommendations in line with the Council of Europe and the European Commission’s Recommendations on the Safety of Journalists. If you wish to join, please register using the button below. Registration is required for both physical and online participation.

This press conference was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

Photo in header: ANP / Hollandse Hoogte / GinoPress Library

Netherlands: International media freedom mission on the safety of…

Netherlands: International media freedom mission on the safety of Dutch journalists

As part of the Media Freedom Rapid Response (MFRR), Free Press Unlimited and the European Center for Press and Media Freedom (ECPMF) are organising an international media freedom mission to the Netherlands. With the mission the consortium members want to map the decreasing security of journalists in the Netherlands. We want to contrast this with the fact that with the establishment of PersVeilig (Press Safe) at the end of 2019 there is a strong security mechanism for journalists. The mission will be held at the beginning of 2022.

With attacks on journalists increasing, the public broadcaster NOS removing its logos from vans to protect its employees, and Peter R. de Vries being murdered in broad daylight, the state of press and media freedom in the Netherlands is receiving more and more international attention. That is why we are organizing an international mission on the safety of journalists in the Netherlands in close consultation with the Dutch Association of Journalists (NVJ). As part of the mission, we enter into discussions with journalists and editors-in-chief, policymakers, the police and the Public Prosecution Service, experts, and Members of Parliament. The end result will be a comprehensive report on the safety of journalists in the Netherlands that will be presented in an international press conference as the conclusion of the mission.

Safety of journalists in the Netherlands

The mission will address the issue of the safety of journalists in the Netherlands, focusing on the threats posed by organized crime, as well as increasing hostility to the members of press and media outlets by protesters and civilians. According to the NVJ, 82% of Dutch journalists have experienced aggression or intimidation in 2020. This is an increase of 20% compared to 2017. In 2017, 79% believed that threats to journalists pose a threat to press freedom. In 2021 this has increased to 93%. The increasing trends raise questions when it comes to the high ranking of the Netherlands on the Press Freedom Index and the internationally acclaimed PersVeilig (Press Safe) Mechanism. In addition, the mission will examine what prevention mechanisms currently exist, and what the Dutch authorities can do to prevent intimidation and violence against journalists.

MFRR Missions

The MFRR monitors violations of press and media freedom in the EU Member States and Candidate Countries and responds with practical and legal support and advocacy. Since the project’s start in March 2020, a number of similar missions have been organized to Greece, Montenegro, Poland, Serbia, Spain and Slovenia.

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

Peter R. De Vries Library

Killing of Peter R. de Vries highlights press freedom…

Killing of Peter R. de Vries highlights press freedom challenges in Netherlands

By IPI Contributor Tan Tunali

The line in front of the Royal Theatre Carré in Amsterdam was almost a kilometer long, and the waiting time was over two hours for mourners who had come to pay tribute to renowned Dutch crime reporter Peter R de Vries. The 64-year-old journalist had been shot in the evening of July 6, only moments after leaving a TV studio where he had participated in a talk show. He died in hospital nine days later.

The details behind the murder are still unknown, but the office of public prosecution has suggested a link to de Vries’ role in the so-called Marengo trial, a criminal case against leading members of a criminal organization involved in drug trafficking. De Vries had been acting as advisor to Nabil B., a former member who is testifying against Ridouan Taghi, the principal suspect in the trial.

Following the deadly attack on De Vries and threats made against the TV program, the studio moved its broadcasting to a different location outside of Amsterdam. In recent years, organized crime has been linked to threats made against other media outlets and crime reporters in the Netherlands.

In June 2018, the Amsterdam offices of leading Dutch newspaper De Telegraaf was attacked when a van repeatedly rammed the paper’s entrance before been set on fire by the driver. In the same month, the editorial offices of weekly Panorama were attacked with an anti-tank weapon. Perpetrators were convicted to prison sentences, but the exact background of the attacks remains unclear.

The killing of de Vries comes at a time when the media in the Netherlands are under increasing pressure. For the moment, the country still ranks high on international freedom of expression lists. However, the Netherlands witnessed a clear drop on the World Press Freedom Index last year.

Last year, Dutch public broadcaster NOS decided to scrub its well-known logo from satellite busses and other equipment amidst a rise in attacks on the station’s journalists reporting from anti-government demonstrations, often related to protests against the Dutch government’s Covid-19 measures. The decision came as a shock to large parts of the Dutch public.

However, many of the county’s journalists were less surprised because they had experienced the increasingly hostile environment themselves. NOS editor-in-chief Marcel Gelauff warned in a statement after the decision to forego the station logo: “Journalism is under attack of people who only want to see their own world[view], trying to impede other perspectives, hence harming press freedom.”

Increasing attacks on journalists

The global Covid-19 pandemic has also put the issue of rising violence against journalists in stark relief. Hate speech and attacks on journalists are increasing. During nationwide riots following the government’s announcement of evening curfews, stones were thrown at photographers, and camera crews were violently attacked. At a Covid-19 testing facility in the town of Urk, a NOS reporter and his bodyguard were attacked with pepper spray.

The recent outburst of physical violence towards journalists is unprecedented, but attacks have already become the norm online. Clarice Gargard, a columnist for daily NRC and founder of the feminist platform Lilith Magazine, received thousands of hate messages during the live registration of an anti-Black Pete demonstration in 2018. Gargard reported the messages to the police which eventually led to the convictions of several of the people behind the threats, who were fined or were sentenced to several hours of community service.

Several politicians in the rightwing opposition have joined the fray and publicly lashed out against the media. Leader of the far-right Freedom Party (PVV) Geert Wilders called journalists ‘riffraff’ (‘Tuig van de Richel”) in a Tweet. Thierry Baudet, leader of the far-right Forum for Democracy (FvD) repeatedly attacked the media as well, for example by repeatedly calling broadcaster NOS ‘fake news’.

In reaction to the increasing difficulties Dutch journalists are facing, the local journalist’s union NVJ, the Institute of editors-in-chief, in cooperation with the public prosecutor and the Dutch police established a joint initiative called PersVeilig (“Safe Press”) in 2019. One of the main goals of the initiative is to train and advise journalists on how to react to threats and, if necessary, to prioritize court cases against perpetrators. In the first seven months of this year, PersVeilig received 176 cases resulting in 41 reports to the police, versus 121 over the entire last year.

While the Dutch government often stresses the importance of a free press, it has been accused of playing an active role in the stifling the work of the media by preventing access to crucial state documents, something public authorities are legally bound to facilitate under the freedom of information act (Dutch: Wet Openbaarheid Bestuur, WOB). Often documents which are released arrive late and are incomplete. Sometimes they are not released at all.

Earlier this year, the government was forced to resign over a childcare subsidies scandal, in which the government withheld crucial information to press and parliament, allowing state misconduct to continue, at great human cost to the victims who in some cases lost their livelihoods.

In the cabinet’s resignation, prime-minister Mark Rutte, promised ‘a new governance culture’, and ‘more transparency’. But old habits die hard. Recently, the Dutch Ministry of Health, Welfare and Sport (VWS) lost a court case against current affairs program Nieuwsuur. The journalists had demanded access to state documents regarding the handling of the Covid-19 pandemic. However, instead of putting the caretaker prime minister’s promise of more transparency into practice, the ministry defied the court and refused to provide the requested documents, appealing the court order instead.

Compared to their colleagues in many other countries of the world, journalists in the Netherlands are able to freely investigate and work. However, as the events of the past few years have shown, a sense of deteriorating safety for the media is a slippery slope even in a country that until recently led international press freedom rankings.

This article is part of IPI’s reporting series “Media freedom in Europe in the shadow of Covid”, which comprises news and analysis from IPI’s network of correspondents throughout the EU. Articles do not necessarily reflect the views of IPI or MFRR. This reporting series is supported by funding from the Friedrich Naumann Foundation for Freedom and by the European Commission (DG Connect) as part of the Media Freedom Rapid Response, a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

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Netherlands: IPI condemns arrest of three journalists covering climate…

Netherlands: IPI condemns arrest of three journalists covering climate protest

Dutch police question journalists’ identity despite possession of press cards

The IPI global network today expresses serious concern over the arrest of three Dutch journalists this week who were covering daily Extinction Rebellion (XR) protests in The Hague. IPI urges the police to use extreme caution while interrogating or arresting journalists at protests, especially when they have press identification.

On October 13, two Dutch journalists were arrested for covering an Extinction Rebellion protest in The Hague. One was Hans Nijenhuis, the former editor-in-chief of the national newspaper Algemeen Dagblad (AD), the newspaper reported on its website. The two had been accompanying XR activists that day as part of a story on the protests.

Police intercepted the group as they were travelling in cars to the area where they planned to block a main road and arrested 25 people. Nijenhuis and his colleague, photojournalist Marco de Swart, who were with the group at the time, were taken to the police station for further investigation. De Swart’s camera equipment was confiscated.

Despite the fact that both journalists were both in possession of the press card issued by the Dutch Association of Journalists (NVJ), and told police they were there in a professional capacity, the police claimed they had to carry out an additional identity check at the station. According to the Dutch police, the two did “present themselves as journalists”. “However we wanted to confirm their identity, which happened at the office”, a police communication officer told IPI. Both were released after two hours.

On Monday, Volkskrant journalist Mac van Dinther was detained and held for four hours for covering a similar XR protest in The Hague, which was part of “The Week of Climate Rebellion’. A police officer had obstructed Van Dinther from reporting on a violent arrest, which the journalist had allegedly called “childish”. The officer then pushed Van Dinther against a police vehicle and forcibly arrested him for allegedly insulting a police officer and refusing to cooperate.

At the time he was wearing a press card around his neck, but the officer did not believe him, reportedly saying “anyone can say they are a journalist”. He was detained The Public Prosecution Service dropped the case against the journalist but continues to justify the arrest. Van Dinther was released that same evening.

“These arrests by Dutch police are a violation of journalists’ right to report on a matter of public interest”, IPI Deputy Director Scott Griffen said. “Police have a responsibility to use extreme caution while interrogating or arresting journalists at protests. All three of these arrests appear to have been unjustified. It is also concerning that officers refused to accept officially licensed press cards and instead hauled two journalists off the street to the police station for additional checks. When it became clear they were journalists, they should have been released immediately. Their arrests resulted in direct interference and obstruction of their reporting.”

“The arrest is very wrong”, Milen van Boldrik, Secretary of the NVJ, said of the arrests on Wednesday. “The journalists called me during the arrest and the police summoned him to end the call, but by that time I knew enough”, she told IPI.

“Journalists should be free to execute their job”, Van Boldrik continued. “They should not be taken to the police office for their identity to be checked. We give out these press cards as a proof of their identity as a journalist. We do a back-up check, and this should be enough. We see that higher officers usually understand this, but local police officers do not always take the press card seriously.” The journalists have been released and will file a complaint against the police together with the NVJ.

A large group of young people pelts the police present with stones and fireworks in Rotterdam, The Netherlands, 25 January 2021. EPA-EFE / Killian Lindenburg / MediaTV Library

Netherlands should better protect privacy of freelance journalists

Netherlands should better protect privacy of freelance journalists

Despite new regulations, personal information of freelance journalists still accessible via Dutch Chamber of Commerce, potentially risking journalists safety

IPI Contributor Anne ter Rele

A little more than two years ago, a stone was thrown through Chris Klomp’s window by an anonymous perpetrator. Although Klomp, a freelance Dutch journalist who is very active on social media, had received many online threats before in his 20-year career, it was the first time someone actually came to his house and used physical violence.

Klomp also found a letter tied to his door, threatening that if the journalist did not remove all his social media accounts, the perpetrator “would come back”. “After that happened, I received an emergency button that brings me in immediate contact with a private security company when needed”, Klomp told IPI. “I always carry it with me.”

Finding Klomp’s home was relatively easy for the perpetrators, as his business is registered with the Dutch Chamber of Commerce (KVK), which is mandatory for all companies, including freelance journalists. Registration includes the company’s address, but also home addresses of the owners, phone numbers and VAT tax numbers. Despite criticism, the chamber has been legally allowed to sell this information to third parties, regardless if a company prefers this or not.

The publication of the information has long been criticized by Dutch opinion makers and journalists, since it means they can be easily traced to their homes and threatened there. Derk Wiersum, a Dutch lawyer, was murdered for doing his job in 2019. His address was found via the database of the Chamber of Commerce.

“There is a real threat for journalists to experience violence in their personal homes”, Peter ter Velde, coordinator of the journalists’ safety project PersVeilig, told IPI. According to Thomas Bruning, secretary of the Dutch journalists’ association NVJ, reports of intimidation against journalists have doubled the past year. “This shows: you can say the threats are just online, until they aren’t”, Ter Velde added.

The fact that the Dutch Chamber of Commerce does not protect home addresses creates a feeling of danger, Klomp said. “People will simply look for you at the Chamber of Commerce and they know where you live. It’s scary. I receive many online threats. But you never know when they will actually stop by.”

Changing the mandatory registration of freelancers’ home addresses has been on the Dutch political agenda for the last couple of months, following renewed criticism from politicians, journalists and opinion makers.

Now, change is on its way. From 2022 onwards, the Dutch Council of Ministers agreed that third parties can no longer access freelancers’ personal information anymore, such as home addresses and phone numbers: only government organizations can still access this. The decision was long overdue, as the Dutch parliament had already accepted several resolutions to hide freelancers’ personal information in January 2021, but the responsible secretary of state refused to implement the resolution in practice, stating it would contradict EU law.

Now, ministers have decided to protect personal information but not the company’s information. “A step in the right direction, but far from enough”, Bruning responded. He emphasized that companies’ addresses will still be accessible to all. For freelancers, this is a problem, since their companies are mostly registered at their home addresses. “Only when freelancers hire an office this can be avoided, but not all freelancers want this or can afford this”, Bruning explained. Freelance journalists therefore remain vulnerable, even under the new law.

Compromise

After previous discussions on the safety of freelancers, two years ago the journalists’ association arranged that Dutch freelancers can register the NVJ address as their company address, but only after individual journalists request this. “Especially after the debate in Dutch parliament the number of freelancers who came to us has grown”, Bruning explained.

Currently, around 50 journalists have registered the NVJ address at the Dutch Chamber of Commerce. Klomp is one of them. Although the number of requests usually rises after parliamentary debates on the issue, Bruning explained, the exception is specifically targeted at freelancers who experience threats or intimidation. Registration in advance is not always possible.

It is therefore a temporary solution, Bruning emphasized. “This measure is far from optimal”, he said. “It does not tackle the most fundamental problem: that it cannot be arranged preventively: journalists need to experience fear, threats or intimidation, physical or online. But then you are, in fact, too late. Those with bad intentions may have already succeeded in finding you. And when that information is on the internet, it is not easy to remove it afterwards.”

After the stone broke through his window, Klomp has increased security around his house, adding cameras. “I have thick skin, I can handle some negative comments and online intimidations. But the fact that people could find out where I live is scarysince you don’t know when online harassers will actually come to your house, like they did before.”

This article is part of IPI’s reporting series “Media freedom in Europe in the shadow of Covid”, which comprises news and analysis from IPI’s network of correspondents throughout the EU. Articles do not necessarily reflect the views of IPI or MFRR. This reporting series is supported by funding from the Friedrich Naumann Foundation for Freedom and by the European Commission (DG Connect) as part of the Media Freedom Rapid Response, a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

IPI as part of MFRR