Categories: General
      Date: May 13, 2008
     Title: Research on art. 54a of the Dutch Penal Code

Cycris research reveals the inadequacy of Dutch laws concerning notice and take down

Cycris has written a report about Notice-and-take-down for ICTU, a foundation established by the Dutch Ministry of Home and Kingdom Affairs, with the aim of helping government achieve better results with Information and Computer Technology. The report specifically addresses the question whether art. 54a of the Dutch Penal Code allows a public prosecutor to order an Internet Service Provider to take down materials uploaded by Internet users. Cycris found that art. 54a DPC is not a sufficient legal base for such an order. Cycris's main objection is that there are insufficient guarantees built into the process to protect the interests of Internet users and the information freedoms. The Dutch Minister of justice has adopted the results of the Cycris research and has announced that the law will be amended. {cms_selflink ext="/uploads/NTD-54a_rapport_--_30_november_2007.PDF" text="The research report can be downloaded here (in Dutch only)." target="_blank"}