For entrepreneurs and companies that publish, or that must defend themselves against an unacceptable publication.
Media law revolves around what is made public: publications, images, online statements, and reviews — always in the tension between freedom of expression and the right to honor, reputation, and privacy. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
Lawyers and in-house counsel for media law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: unlawful publications, portrait rights, online reviews, and summary proceedings.Practical specialist legal assistance for entrepreneurs.
Specialist media law advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
What is media law?
Media law revolves around everything that is made public: publications, expressions, images, and sound — online and offline. It operates between two fundamental rights that constantly intersect: freedom of expression (Article 10 ECHR) and the right to honor, reputation, and privacy (Article 8 ECHR). The core is always a balancing act: may this be published, or does the harm to the other party outweigh it?
Our lawyers and in-house counsel assist international corporations and media companies as well as the local entrepreneur — whether you publish yourself or are the victim of an unacceptable publication.
Unlawful publications and reputational damage
If inaccurate or damaging information is published about you or your company, this may constitute an unlawful act (Article 6:162 of the Dutch Civil Code). Whether a statement is unlawful depends on a balancing of interests: the seriousness of the accusation, the extent to which it is supported by the facts, the nature of the medium, and the public interest. In the event of an unlawful publication, you can claim rectification, removal, and compensation for your damages. In criminal law, defamation and slander also play a role (Articles 261 and 262 of the Dutch Criminal Code).
Portrait rights and use of images
If someone uses your photo or that of your employees without permission, portrait rights come into play. In the case of a commissioned portrait, publication without permission is generally not allowed (Articles 19 and 20 of the Copyright Act). For a portrait not commissioned, you can object to publication if you have a reasonable interest in doing so (Article 21 of the Copyright Act) — think of privacy or, in the case of famous people, marketable popularity. We assess whether publication is permitted and take action if an image is used unlawfully.
Copyright on texts, images and content
Anyone who creates content or has it created — texts, photos, video, a website — encounters copyright. The creator has the exclusive right to make the work public and to reproduce it (Article 1 of the Copyright Act). For SMEs, things often go wrong with content from freelancers or agencies: without a written transfer or license, the copyright remains with the creator. We handle this with a comprehensive license agreement or transfer, and take action in the event of infringement. For broader protection of your work, please read more on our copyright.
Online statements, reviews and the 'right to be forgotten'
A large part of media law nowadays takes place online: false or misleading reviews, harmful posts on social media, and search results that continue to haunt you. In the case of unlawful content, you can demand removal from the person who posted it, as well as from the platform. Additionally, the 'right to be forgotten' under the GDPR allows you to enforce the removal of search results under certain conditions. If the case primarily concerns your personal data, please also visit our privacy and data protection.
Summary proceedings: swift intervention upon publication
Media cases are often urgent: once something is made public, the damage is difficult to reverse. That is why summary proceedings are the most important instrument in media law. With these, you can enforce a publication ban, removal, or rectification within a short period. Legal representation is mandatory for litigation; our mixed team ensures that advice and proceedings are seamlessly aligned.
Media law for SMEs and corporations
The top end of the market often focuses on publishers, broadcasters, and large media conglomerates. Not us: our team of lawyers and in-house counsel helps just as well the webshop with a fake review, the contractor being unfairly slandered on social media, or the baker on the corner whose photos are being used without permission. Accessible and practical, yet legally sharp — from international corporations to the entrepreneur around the corner.
What we help with
Whether you publish yourself or need to defend yourself against a publication — our lawyers and legal experts support you in every area of media law.
Taking action against unlawful publications and reputational damage (Article 6:162 of the Dutch Civil Code)
Demand rectification and removal, online and offline
Portrait rights: taking action against or assessing the use of images (Articles 19-21 of the Copyright Act)
Copyright on texts, photos, and content: licenses and transfer
Have fake reviews and harmful social media posts removed
Invoking the 'right to be forgotten' against search results
Summary proceedings for a ban on publication, removal, or rectification
Defamation and slander cases (Articles 261 and 262 of the Criminal Code)
When do you engage this team?
With a publication, every hour counts: once public, the damage is difficult to reverse. The sooner you involve us, the more you can prevent. If you recognize any of these situations, seeking advice is wise.
There is a false or damaging publication about you or your company online
In media law, the outcome is determined by the balance between freedom of expression and the right to honor, reputation, and privacy. Before sending a cease and desist letter or initiating summary proceedings, we assess the publication, the facts, and your position. In this way, we choose the route—a cease and desist letter, negotiation, or litigation—that best serves your interests, rather than the first step that comes to mind.
Our approach
From question to solution in four steps.
1
Intake
We discuss the publication or your plan, the facts and your objective, and review the available evidence.
2
Analysis
We assess the statement against the law and the balancing of interests, and map out opportunities and risks.
3
Strategy
We choose the route — advice, formal demand, negotiation, or summary proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from cease and desist letters and licenses to summary proceedings to stop publication.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Media Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of media law. In addition, they have specialized in one or more areas of focus within media law. We have organized several areas of focus into various practice groups. Based on his or her specialism(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about media law
The questions entrepreneurs ask us most often.
What can I do about an unlawful publication about my company?
You can claim rectification, removal, and damages on the grounds of unlawful act (Article 6:162 of the Dutch Civil Code). Whether a statement is unlawful depends on a balancing of interests between freedom of expression (Article 10 of the ECHR) and your right to honor and reputation (Article 8 of the ECHR). Because speed is often of the essence, this usually takes place via summary proceedings.
Is someone allowed to simply publish a photo of me or my employee?
Not always. In the case of a commissioned portrait, publication without permission is in principle not allowed (Articles 19 and 20 of the Copyright Act). In the case of a portrait not commissioned, you may object to publication if you have a reasonable interest in doing so, such as privacy (Article 21 of the Copyright Act).
How do I get a fake review or harmful post removed?
In the case of unlawful content, you can demand removal from the person who posted it and from the platform. If this is not possible voluntarily, summary proceedings can enforce removal. In addition, regarding search results, the 'right to be forgotten' under the GDPR may offer a solution.
Who owns the copyright to content that a freelancer creates for me?
In principle, copyright belongs to the creator, i.e., the freelancer or the agency — even if you pay for it. Copyright is only transferred with a written deed of transfer, or you acquire the right of use via a license. Therefore, always document this to prevent future disputes.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, assessing a publication, drafting licenses, and negotiations, an in-house counsel is often sufficient. For legal proceedings, such as summary proceedings against a publication, a lawyer is mandatory. We have both in-house and determine together with you what is most suitable.
Is media law also for small business owners?
Yes. We help international corporations and media companies as well as the entrepreneur around the corner. Especially for smaller businesses, a fake review or an unlawful post can have major consequences — and quick intervention can prevent significant damage.
Discuss your situation with a media law specialist.Our media lawyers and legal experts help both large companies and small business owners, whether you publish yourself or need to defend yourself. Schedule a meeting and know where you stand within a single session.
