On 4 December 2012, a court in Amsterdam made a unique ruling in preliminary relief proceedings. The court imposed a social media ban. The man in question was ordered to delete his hyves and Facebook profiles and his blog and may not take part in social networks for a period of one year.
The measure was imposed because the man was found guilty of digitally stalking his former wife. The man made various accusations against his former wife on social networks, including accusations of child abuse, Nazism and paedophilia. In an earlier ruling, the court ordered the man to delete these digital accusations. However, the man did not respond and continued his libel and slander.
Social media ban
Given that the man ignored the earlier ruling, in December the court imposed the social media ban referred to above. If the man fails to voluntarily cooperate by deleting the profiles, the ruling will take the place of all action necessary to facilitate the online ban.
Unique legal measure
Meanwhile, the ruling has become final since the deadline to lodge an appeal has expired. This makes the unique and far-reaching measure definite. The ruling provides a new means of taking legal action against cyber bullying. The future will tell whether such a measure is proportionate in light of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), among others.
For more information, please don’t hesitate to contact us.
Daniëlle van den Heuvel works in property law and employment law at GMW lawyers.
Within property law, Daniëlle is mainly involved in rental disputes and procedures concerning real estate transactions, representing real estate entrepreneurs, project developers, housing corporations and private individuals. Within her employment law practice, Daniëlle is often called in to draw up or advise about settlement agreements between employers and employees. She represents both parties.
Empathetic and dedicated to giving the best possible service, Daniëlle combines a responsive attitude with a clear, analytical and personal approach. In every case, Daniëlle tries to make a difference and really help her client.
Daniëlle also gives regular advice on non-competition clauses, and publishes monthly in the legal magazine Rendement.