Unlawful Publications

With publications, whatever the medium (TV, newspapers, books, films, podcasts, etc.), there can be quite a clash between freedom of expression on the one hand and the right to protection of privacy (and sometimes portrait rights) on the other. Our lawyers help to prevent such clashes or, if it is too late to do so, to reach a fair settlement or to litigate.

Who do we assist?

We act for publishers, writers, journalists, producers, directors, documentary, podcast makers and all other individuals and parties who make public statements. We also assist the other side: individuals, both known and unknown to the public, who have been the victim of a wrongful publication.

What can we help with?

We have years of experience in advising and litigating on unlawful publications, which involves the freedom of expression versus the right to privacy. In principle, both fundamental rights carry equal weight. It depends on the specific circumstances of the case which right takes precedence.

We help you to avoid getting into trouble by reading or looking at the content you wish to publish in advance and by preventing the use of text or images that violate the right to personal privacy or portrait rights.

In case problems arise after a publication, we help resolve them. Even if it comes to summary proceedings, our lawyers can conduct these proceedings for you.

Conversely, we ensure that others stop making unlawful expressions in books, articles, documentaries or TV programmes. In many cases, it’s possible to get the publication amended without litigation, whether or not in combination with rectification and/or compensation. In case of libel or slander, it is often wise to also file a report with the police. In that case we work together with criminal lawyers.

Examples of proceedings we have conducted (or prevented) relating to (un)lawful publications:

• Biography Johan Cruijff: summary proceedings between writer Auke Kok and his book publisher versus the Cruijff Foundation
• Biography Thomas Dekker: summary proceedings between Thijs Zonneveld and his book publisher versus Hanegraaf
• Biography Hans van Helden: summary proceedings agains Erik Dijkstra and his book publisher
• Preventing claims and litigation by pre-judging books for publication