Media law revolves around the delicate balance between two fundamental rights: freedom of expression on the one hand, and the right to privacy and a good name on the other.
Media law revolves around the delicate balance between two fundamental rights: freedom of expression on the one hand, and the right to privacy and a good name on the other.
A critical publication, production contract or advertising campaign can have significant consequences for your business or reputation. Guldemond Advocaten advises and litigates on media, entertainment and advertising matters. We act for creators, producers and publishers, as well as businesses and individuals who are the subject of reporting. We carefully balance freedom of expression, privacy, intellectual property and commercial interests.
Not every negative publication is unlawful. Relevant considerations include the seriousness of the allegations, the available factual basis, the way information is presented, the public interest and the consequences for the person concerned. The distinction between facts and value judgements may also matter. Freedom of expression and protection of private life require an assessment of the particular circumstances.
We advise before publication and on requests for comment, removal or rectification. Where harm is imminent, we consider whether urgent court intervention is needed. Read more about unlawful publications and the relationship between press freedom, portrait rights and privacy.
A photograph found online is not automatically free to use. For text, images, music, video and formats, the relevant rights and permissions must be assessed. A licence may restrict channels, duration, territory, editing or commercial use. Portrait rights and related rights may also have a separate role.
We help document the chain of title and assess use by third parties. We draw on our IP practice and expertise in copyright. Reliance on quotation, parody or another exception requires an assessment against the applicable conditions.
In productions and creative collaborations, creative expectations and commercial arrangements need to align. We advise on commissions, production and exploitation agreements, licences, fees and royalties. Approval rights, exclusivity, accounting obligations, reuse and termination also deserve attention.
A clear agreement identifies who provides which rights and who is responsible if permission is missing. Read more about contracting in the media sector and commercial contracts.
An advertisement must be assessed as its target audience understands it. For product claims, comparisons, offers and sustainability statements, substantiation, completeness and presentation matter. Even an accurate claim may be misleading if essential information is omitted.
We advise on campaigns, promotions and influencer collaborations. We consider, among other things, whether advertising is recognisable, the agreements with the creator and responsibility for the content. We also assist with complaints and proceedings. Explore our expertise in advertising law.
For online publications, speed and reach may amplify the problem. Preserve the content, publication date, context and relevant correspondence. We assess which party can be held to account and which route is appropriate: contacting the creator, notifying the platform or bringing proceedings. Removing a search result and removing the original publication are different measures.
Read more about digital media and online content. Where personal data is processed or users’ details are requested, we also consider privacy law.
We start with the objective: amending a publication, limiting further dissemination, securing rights or continuing a collaboration. We then assess the legal options and practical consequences of taking action. Proceedings may be necessary, but can also draw additional attention to the content. That consideration forms part of our advice.
In urgent cases, we examine the scope for interim relief proceedings. Would you like to discuss a publication, campaign or contract? Contact us and provide the relevant documents and any deadline for responding.
