A Few Kilos of Complaints
On the legal weblog 'Media Report' an
article (in Dutch) was published about the
preliminary relief proceedings that Pretium Telecom had
initiated against the Dutch broadcasting organization Vara. In
various TV broadcasts Vara's program 'Kassa' gave
attention to the large number of complaints that the Consumer
Authority and the Ombudsman had received about Pretium. In the
broadcast Kassa handed over a 'few kilos of complaints'
to the State Secretary, but did not provide Pretium with a copy
of these complaints. However, in the studio Pretium was given
the opportunity to give a reaction, but Pretium decided not to.
As a result of the broadcasts Pretium initiated preliminary relief
proceedings against the Vara. Pretium won the proceedings on most
points. Partly because prior to the broadcast the Vara had not
reported the fact that a 'few kilos of complaints' would be
handed over and because the Vara had not reported that the merits
of these complaints had not been established, according to the
judge in preliminary relief proceedings of the Court of The Hague
Pretium's interest in the protection of its reputation had to
prevail over the interest of the Vara in the freedom of speech.
Kassa had to remove and rectify the broadcasts. The Vara lodged an
appeal against this judgment.
The Court of Appeal of The Hague has now rendered a
judgment (in Dutch). Also in the appeal
Pretium brought forward, inter alia, that it was in conflict
with its right to be heard that it was not informed prior to the
broadcast of the fact that Kassa would present complaints to the
State Secretary, and neither that in the broadcast a 'few
kilos of complaints' would be mentioned.
The Court of Appeal ruled that Pretium could not hide behind the
fact that it was not aware that there were large amounts of
complaints. After all, this had already been discussed before in
another consumer program. According to the Court of Appeal, this is
not altered by the fact that Pretium deems these complaints to be
unfounded. Prior to the broadcast the Vara did not have to inform
Pretium about the critical statements it would make and that it
would mention a 'few kilos of complaints'. If Pretium had
wanted to dispute these critical statements, it should have refuted
these statements during the broadcast. Since Pretium did not do so,
this is for its own account.
The Court of Appeal concluded that the interest of the Vara in the
freedom of speech outweighs the interest of Pretium in the
protection of its name and reputation and quashed the judgment of
the judge in preliminary relief proceedings. Victory for the
freedom of speech!