The digital media landscape is constantly changing.
The digital media landscape is constantly changing.
A website operator, creator, advertiser and platform have different roles. Someone publishing their own post has a different position from a service storing user contributions. The legal assessment therefore starts with the specific statement, each party’s role and the rights potentially infringed.
We assess material including texts, videos, reviews, podcasts and AI-edited content. Copyright, portrait rights, trade mark law, privacy and freedom of expression may overlap. Not every unpleasant or inaccurate statement justifies the same measure. A copyright complaint requires different evidence from a complaint about a serious allegation.
Finding material online does not mean you may freely copy it or include it in a campaign. Check the rights holder, licence terms, permitted channels and any restrictions on editing. Material from employees, freelancers and agencies also requires a complete assessment of the chain of rights.
For recurring productions, we document arrangements on raw files, publication rights, versions and archives. AI use also raises questions about inputting confidential material, rights in source material and responsibility for output. A platform licence or technical download function does not replace this analysis. See also our assistance with media contracts.
A negative review may be protected by freedom of expression. Action requires specific grounds, such as a fabricated experience, unlawful processing of personal data or a serious unsubstantiated allegation. Tone, context, factual basis and consequences matter.
We distinguish criticism, satire, value judgments and factual allegations. For unlawful publications, we also examine whether a correction or addition is sufficient. An unnecessarily broad removal request may weaken a valid complaint and further fuel public debate.
The Digital Services Act (DSA) includes rules on notices of illegal content and remedies against moderation decisions. The precise obligations depend on the type of service and sometimes the provider’s size. The regulation does not automatically make harmful content unlawful or guarantee removal following every notice.
A useful notice identifies the exact location of the content, the legal reason for the complaint and the supporting facts. Keep the notice, acknowledgement and decision. If a platform restricts your own content or account, we assess the reasons, terms and available appeal procedure. Business continuity may justify taking additional steps quickly.
Sometimes the author is unknown and information from an intermediary is needed. A wish to litigate does not create an unrestricted right to personal data. In Lycos/Pessers, the Dutch Supreme Court set out principles for balancing interests when identifying information is requested. These include the likelihood of unlawfulness, the specific interest in obtaining the information, less intrusive alternatives and the interests of those involved.
We identify which party is likely to hold the information and whether voluntary disclosure or a court order is appropriate. International providers, short retention periods and potentially inaccurate account details call for a realistic litigation strategy.
Record the complete page, date, URL, account name and relevant responses before sending a removal request. Also retain original files and earlier licences or correspondence. If matters are disputed, further evidence gathering may be needed; a screenshot does not always establish the origin or duration of a publication.
Depending on the situation, we advise a formal demand, platform notice, contractual measure or interim relief proceedings. We weigh removal and correction against less intrusive solutions. Identity misuse or threats may also warrant a criminal-law route, with specialist assistance where necessary.
There is no general DSA rule requiring removal within 24 hours for every ordinary notice. The applicable obligations, nature of the content and circumstances must be assessed. Different rules may apply to special categories.
Depending on the service, this may be possible through an internal complaint, another available dispute procedure or the courts. Preserve the decision and underlying correspondence and check the deadlines. We assess both the platform terms and applicable statutory protection.
Would you like to publish responsibly or act against an online infringement? Contact us. We help align the evidence, legal basis and remedy sought.
