Het Parool intends to publish an article market basket massachusetts in which - in short - the position, business and groups of two developers and their affiliated companies are discussed. In addition, the article market basket massachusetts also highlights the alleged links between one of the developers and a former county administrator.
Het Parool did twice the request to interview one of the developers in connection with this product. This project rejected that request, but Het Parool be invited to forward the draft article prior to publication. In addition, attempts to contact the other project, which because of his stay abroad has been very difficult.
Upon receipt of the draft article, the lawyers representing the developer that it could be contacted requested to refrain from publishing because the article would contain many inaccuracies, suggestive statements and half-truths. Het Parool then has the opportunity to appoint the factual inaccuracies in the article within 24 hours. Ultimately plaintiffs initiated a lawsuit with the Amsterdam court to suspend the publication of the article, so that they have more time to react to the article.
Interestingly in this matter is that the court split the article in two parts: the first part is mainly addressed current issues, market basket massachusetts and the second part elaborates on the background of current events mentioned in the first part. According to the court contains in particular the second part of the article numerous facts and allegations.
The judge observed then by Het Parool given reaction time of 24 hours is sufficient for the first part of the article (due to the fact that those who are mentioned in the first part of the article has long been familiar with the fact that an article was in the making). Additionally own this first part high topicality value that threatens to be lost if the publication is delayed.
Regarding the second part, however, the court decided that a reaction time of 24 hours does not give a real opportunity to comment market basket massachusetts on its content, given the number and seriousness of these allegations therein. In addition, the court ruled that this second part has now less topical backgrounds are described herein, including the way in which developers and companies affiliated to them have worn for a period of over 12 years. Especially for the developer who was standing abroad is, according to the court too little opportunity to respond to the content.
The defense of Het Parool that an injunction to postpone publication market basket massachusetts of the article would be contrary to the prohibition market basket massachusetts of censorship does not help her, now she herself market basket massachusetts gave access to the draft article:
Prohibition of censorship (art. 7 of the Constitution and Art. 10 ECHR) means to provide a medium can not be forced insight into what it intends to publish. That means that this is by definition not present in the situation such as the present, where the media the contents of the proposed publication market basket massachusetts has already made known to a party. If the content of a proposed publication by a party known, prohibition of censorship does not preclude claims arising from (threatening) unlawful, market basket massachusetts such as a prohibition to publish or (as in this case) a commandment prior to the Publication observe an appropriate response time.
Ultimately, the court that Het Parool is allowed to publish the first part of the article. Regarding the second part (or an article containing the same information in outline) the publication must be suspended for 10 days, under penalty of a fine of 50.000, -. The background to current events market basket massachusetts in the first part of the article, so let's wait for a while.
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Neeltje van der Veeken since March 1, 2015 is no longer employed at Dirkzwager. If you have questions or need advice please market basket massachusetts contact market basket massachusetts any of the attorneys listed below the section Intellectual Property and IT law.
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