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If someone damages your reputation in the Netherlands, you can ask a court to order removal, a rectification and damages for an unlawful act (onrechtmatige daad, Article 6:162 Dutch Civil Code). Defamation (smaad) and libel (laster) are also criminal offences (Articles 261 and 262 Dutch Criminal Code). Most cases today concern online statements, so acting quickly matters.
As a Dutch lawyer at MAAK Advocaten in Amsterdam, I act for foreign companies and executives whose reputation is damaged by statements published in the Netherlands.
Our lawyer in the Netherlands discusses the key aspects of defamation and libel under Dutch law. Our team also advises on top rated international law firm in Amsterdam.
What is defamation under Dutch law and when is it libel?
Defamation (smaad) is intentionally attacking someone’s honour or reputation by accusing them of a specific fact, with the evident aim of making that accusation public (Article 261(1) Dutch Criminal Code). Libel (laster) is defamation where the author knows that the accusation is untrue (Article 262(1)).
Whether the accusation is true is therefore not a requirement for defamation. It only matters as a defence: there is no defamation if the author acted in necessary self-defence, or could assume in good faith that the accusation was true and that the public interest required it (Article 261(3)). Defamation carries a maximum of six months’ imprisonment, written defamation (smaadschrift) one year and libel two years (Articles 261 and 262). We regularly assist clients with media law in the Netherlands.
Defamation can occur both verbally and in writing. Defamation through writings or images that are distributed or publicly displayed is called ‘smaadschrift’ (Article 261(2)), for example a newspaper article describing someone’s extramarital affair. Although the affair may be true, the publication significantly damages the person’s reputation. Libel occurs, for example, when someone is accused of theft while the author knows that the person is not a thief. It is only punishable as libel (laster) if the perpetrator knew that the statements were false (Article 262 Dutch Criminal Code).
How do defamation and libel differ legally in the Netherlands?
The difference between defamation and libel lies in what the author knew: for libel, the author knows the accusation is untrue; for defamation, that is not required. This difference matters mainly in criminal law.
In civil proceedings, the court does not decide whether the statement is defamation or libel, but whether it is unlawful. It weighs your right to protection of your honour and reputation against the other party’s freedom of expression (Article 10 ECHR). Neither right takes precedence in principle; the court weighs all the circumstances of the case (Hoge Raad 18 January 2008, ECLI:NL:HR:2008:BB3210). If you can show that an accusation is factually incorrect, your position is stronger in both procedures.
Both offenses are criminally punishable under the Dutch Criminal Code and constitute ‘complaint offenses’ (klachtdelicten). This means the offender is in principle only prosecuted if you file a complaint (a report with a request for prosecution), within three months after the day you learned of the offence (Articles 66 and 269 Dutch Criminal Code). The complaint requirement does not apply in some cases, for example when a public official is defamed during or in connection with the lawful performance of his duties (Article 269(2)-(3)). For a conviction, the perpetrator must have intentionally attacked your honour or reputation by alleging a specific fact, with the evident aim of making it public (Article 261 Dutch Criminal Code); proof of actual damage is not required. Moreover, alongside criminal proceedings, you can claim civil damages for unlawful act (onrechtmatige daad) under Article 6:162 of the Dutch Civil Code (BW), a commonly used route in Netherlands civil law. Many victims choose civil proceedings due to shorter processing times and more direct results.
International business example: An Amsterdam-based international tech entrepreneur discovers that a former business partner is posting online messages claiming his company engages in fraudulent practices. He collects screenshots, witness statements and financial records demonstrating his integrity. In summary proceedings (kort geding, Article 254 Code of Civil Procedure) he can ask the court to order the former partner to remove the messages subject to a penalty payment (Article 611a), and he can claim compensation for reputational damage and lost revenue (Article 6:162 Dutch Civil Code). Acting quickly limits the damage.
What steps can your company take against defamation in the Netherlands?
When you are a victim of defamation or libel in the Netherlands, you have various legal options to restore your reputation and claim compensation. However, speed is crucial because digital content spreads rapidly.
Negative messages spread quickly through social networks, so timely action is essential.
Step 1: Assess whether the statements are unlawful First, determine what exactly was said, where and by whom. For a civil claim, the question is whether the statements unlawfully harm your reputation, taking all circumstances into account. True statements can also be unlawful, and a harsh opinion can be lawful. For a criminal complaint, the author must have acted intentionally (Article 261 Dutch Criminal Code). The distinction is not always clear-cut, which is why Dutch legal advice helps.
Step 2: Request removal and cessation of further dissemination Notify the person or organization in writing that you want the messages removed and further dissemination stopped. Is the message online or in a publication? Then also request the administrator or publisher to remove it. Explicitly mention that you are considering legal action if your request is not met.
Step 3: Collect full evidence For a civil claim you do not have to prove that the author intended to damage your reputation, but the author may argue that the information was shared for a legitimate purpose. Therefore, extensive evidence is crucial. Collect copies of messages, photos, letters, WhatsApp conversations, emails, social media posts, and witness statements from third parties who have seen or heard something. This evidence forms the basis of your legal claim in Netherlands courts.
Should you file a criminal complaint with the Dutch police?
Yes, if you want criminal prosecution, you must in principle file a complaint within three months after the day you learned of the offence (Article 66 Dutch Criminal Code). Defamation and libel are complaint offences (klachtdelicten): without your complaint there is in principle no prosecution (Article 269).
The Dutch public prosecutor (officier van justitie) then decides whether sufficient evidence exists to initiate criminal proceedings. Nevertheless, many complaints lack sufficient evidence for criminal prosecution in the Netherlands.
Do you have insufficient evidence at the time of filing? Still make a report with Dutch police. This report helps you later demonstrate that you have been suffering from defamation or libel for an extended period and records the date on which you reported it. Furthermore, this strengthens your position in potential civil proceedings before Netherlands courts.
How do you claim compensation in Dutch civil proceedings?
Civil proceedings in the Netherlands often provide faster and more direct results than criminal cases. Before the Dutch civil court, you can claim that the statements are an unlawful act (onrechtmatige daad) under Article 6:162 of the Dutch Civil Code. You can then claim compensation for reputational damage and loss of revenue. If you have been harmed in your honour or reputation, you can also claim compensation for non-material damage, which the court sets on an equitable basis (Article 6:106(b) Dutch Civil Code). The amount depends on the severity and publicity of the case.
In Netherlands civil proceedings, you can request the court to order:
- Removal of harmful messages within a specified timeframe
- A publication ban to prevent new messages
- A rectification of an incorrect or misleading publication of facts, published in a manner set by the court (Article 6:167 Dutch Civil Code)
- Compensation for financial damage and, if you have been harmed in your honour or reputation, non-material damage
- Penalty payments (dwangsommen) if the perpetrator fails to comply with the court order
Request the court to impose penalty payments for each day that the perpetrator fails to comply with the decision. This creates financial pressure and significantly increases the likelihood of compliance under Dutch law.
When should you start summary proceedings (kort geding)?
Summary proceedings (kort geding) are suitable when you want to stop acute reputational damage. The court can grant an immediate provisional measure in urgent cases (Article 254(1) Code of Civil Procedure). Do you know in advance that someone will publish a harmful message? Then you can ask for a ban in advance. Because such a ban restricts freedom of expression, the court will only grant it if it is necessary to protect your reputation (Article 10(2) ECHR).
The procedure leads to a decision much faster than regular proceedings. Therefore, summary proceedings are effective for urgent situations requiring immediate action.
As a claimant in summary proceedings before a Dutch district court, you must be represented by a lawyer, unless the case belongs to the subdistrict court (Article 79 Code of Civil Procedure); the defendant may appear in person (Article 255(1)). The competent court is in principle that of the defendant’s place of residence and, for an unlawful act, also the court where the harmful event occurred (Articles 99 and 102). Our lawyers in the Netherlands have experience with summary proceedings and can advise you on your chances of success.
What can you do about defamation on social media?
In the digital era, negative messages spread rapidly through social media, causing reputational damage to increase exponentially. Platforms such as Facebook, LinkedIn, Twitter, and Instagram enormously amplify the reach of harmful messages.
Many defamation and libel cases in the Netherlands now have an online component. LinkedIn posts in particular can devastate business reputations, as this platform directly reaches your professional network.
However, social media also offer legal opportunities under Dutch law. You can request platforms to remove content that violates their terms of service. Moreover, through summary proceedings, you can ask the Dutch court to order the author to remove the content. A court order binds the parties to the proceedings; if you want an order against the platform itself, the platform must be a party to the case. This works best where clear evidence is available.
How does defamation affect your business reputation?
The impact of defamation and libel on your business reputation in the Netherlands can be profound and long-lasting. Negative publicity leads to immediate revenue loss as well as damaged trust among clients, suppliers, and investors.
Additionally, reputational damage can lead to loss of business opportunities, difficulties attracting personnel, and diminished confidence from financiers. Especially in competitive markets like Amsterdam, a single negative message can significantly weaken your competitive position. Consequently, proactive reputation management and swift legal intervention are crucial for maintaining your market position in the Netherlands.
Are you an entrepreneur in the Netherlands facing harmful publications? Then contact our specialist in tort law immediately for an urgent assessment of your situation and the best legal strategy under Dutch law.
How do you prove defamation or libel under Dutch law?
In civil proceedings, you must show that the statements were made, by whom, and that they are unlawful in the circumstances. For removal or a ban, that is the core. For damages, you must also show that you suffered damage as a result and that the unlawful act can be attributed to the author (Article 6:162(1) and (3) Dutch Civil Code). This requires a strategic approach wherein you collect various pieces of evidence.
For example: screenshots of online messages, dated publications, witness statements from persons who read the messages, and proof of revenue loss or other financial damage.
For a criminal conviction, the author must have acted intentionally, and for libel must also have known that the information was false (Article 262 Dutch Criminal Code). For a civil claim, intent is not required: it is enough that the unlawful act is due to the author’s fault or to a cause for which the author is responsible (Article 6:162(3)). A Dutch lawyer helps you structure your evidence according to these requirements.
Can you recover damages before a Dutch court?
Yes. If the statements are an unlawful act that can be attributed to the author, you are entitled to compensation for the damage this caused (Article 6:162 Dutch Civil Code). The Netherlands civil court can award compensation for:
- Material damage: revenue loss, costs for reputation restoration, legal costs
- Non-material damage: if you have been harmed in your honour or reputation, assessed by the court on an equitable basis (Article 6:106(b) Dutch Civil Code)
- Future damage: expected revenue loss, diminished business opportunities
The amount of compensation depends on factors such as the severity of publications, their reach, the duration of reputational damage, and your position in society or business.
Additionally, the losing party is in principle ordered to pay the costs of the proceedings (Article 237 Code of Civil Procedure), although this usually does not cover all your actual legal fees. You can also request penalty payments to enforce compliance. Are you dealing with persistent reputational damage from false accusations? Our experienced lawyers in the Netherlands advise you on the optimal claim strategy and guide you through the entire legal process in Netherlands courts.
When do you need a Dutch lawyer for defamation?
Defamation and libel cases in the Netherlands depend on complex legal nuances and require a thorough defense or prosecution strategy. Whether you are defending your reputation or seeking justice for false accusations, understanding the Dutch legal framework is critical.
Common pitfalls are insufficient evidence, incorrect procedural steps and missed deadlines, such as the three-month period for filing a criminal complaint (Article 66(1) Dutch Criminal Code).
Frequently asked questions about defamation and libel in the Netherlands
What is the difference between defamation and libel under Dutch law?
Defamation (smaad) is intentionally attacking someone’s honour or reputation by accusing them of a specific fact, with the evident aim of making it public (Article 261 Dutch Criminal Code). Libel (laster) is defamation where the author knows the accusation is untrue (Article 262). In civil proceedings, the court assesses whether the statement is unlawful (Article 6:162 Dutch Civil Code).
How long do you have to file a criminal complaint for defamation in the Netherlands?
Three months after the day you learned of the offence (Article 66 Dutch Criminal Code). Without a complaint there is in principle no prosecution, except in the cases listed in Article 269(2)-(3), such as defamation of a public official in the course of his duties.
Is a true statement always lawful?
No. In civil law, the court weighs freedom of expression against the protection of honour and reputation, considering all circumstances; neither right takes precedence in principle (Hoge Raad 18 January 2008, ECLI:NL:HR:2008:BB3210). Even true facts can be published unlawfully. In criminal law, a good-faith belief in the truth is a defence only if the public interest also required the accusation (Article 261(3)).
Can a Dutch court order a rectification?
Yes, if the publication contains incorrect or misleading factual information. The court decides how the rectification must be published. This is also possible if the author did not know the information was incorrect (Article 6:167 Dutch Civil Code).
Can you stop a publication before it appears?
You can ask for a ban in summary proceedings if the matter is urgent (Article 254(1) Code of Civil Procedure). Because a ban in advance restricts freedom of expression, the court only grants it if it is necessary, for example to protect your reputation (Article 10(2) ECHR). The court can attach a penalty payment to the order (Article 611a).
Primary sources
- Dutch Criminal Code: Articles 66, 261, 262 and 269
- Dutch Civil Code Book 6: Articles 6:106, 6:162 and 6:167
- Dutch Code of Civil Procedure: Articles 79, 99, 102, 237, 254, 255 and 611a
- European Convention on Human Rights, Article 10
- Hoge Raad 18 January 2008, ECLI:NL:HR:2008:BB3210
Defamation in the Netherlands
Our experienced lawyers in the Netherlands have a strong reputation in tort law and litigation. We draft various legal documents, including damage claims, demand letters, and court proceedings. We also advise on unlawful acts, breach of contract, and other tort law matters.
In disputes, our litigation specialists represent clients in civil proceedings at Amsterdam courts or in arbitration cases, effectively protecting your interests under Dutch law.
