Media Legislation
International Standards
Universal Declaration of Human Rights (1948)
Within the Universal Declaration of Human Rights, the General Assembly of the United Nations proclaimed the:
Right to freedom of opinion and expression: Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
International Covenant on Civil and Political Rights (1966)
The resolution 2200A (XXI) of 16 December 1966 adopted by the General Assembly came into force on the 21st of April 1983 in Belgium. The International Covenant on Civil and Political Rights states:
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Regional Agreements
Convention for the Protection of Human Rights and Fundamental Freedoms
Section 1:Rights and Freedoms
Article 10:Freedom of Expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Charter of Fundamental Rights of the European Union
Title II: Freedoms
Article 11: Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
Constitution
Article 7
1. No one shall require prior permission to publish thoughts or opinions
through the press, without prejudice to the responsibility of every person under the law.
2. Rules concerning radio and television shall be laid down by Act of Parliament. There shall be no prior supervision of the content of a radio or television broadcast.
3. No one shall be required to submit thoughts or opinions for prior approval in order to disseminate them by means other than those mentioned in the preceding paragraphs, without prejudice to the responsibility of every person under the law. The holding of performances open to persons younger than sixteen years of age may be regulated by Act of Parliament in order to protect good morals.
4. The preceding paragraphs do not apply to commercial advertising.
Article 101
1. In the exercise of their duties government bodies shall observe the right of public access to information in accordance with the rules to be prescribed by Act of Parliament.
Civil Law
The Media Act, most recently updated in 2008, forms the legal basis for Dutch Media Policy. It regulates the organization, funding and tasks of national public broadcasting and also specifies minimum requirements for commercial radio and television broadcasting. In the update, a significant change is that public broadcasters are now formally responsible for their digital platforms as well and all the services offered on them.
The Government Information (Public Access) Act, called the WOB act in the Netherlands (1991) guarantees the right to the public to demand information in relation to administrative documents which are held by public authorities or firms carrying out work for them.