Threats of legal action against Dutch journalists leading to self-censorship

Journalists in the Netherlands are increasingly facing threats of legal action - people threatening to sue them over a publication. And that is leading to self-censorship, psychological complaints, and financial pressure, especially for freelance journalists and smaller media, Free Press Unlimited (FPU) found in a survey of over 50 journalists, editors-in-chief, lawyers, and other parties.

“In addition to online intimidation and aggression, Dutch independent journalism is also increasingly coming under pressure from (the threat of) legal action,” FPU general director Ruth Kronenburg said. “If journalists start to apply self-censorship under pressure from legal action, this is not only worrying for the media but especially for our democracy.”

According to FPU, journalists face three types of pressure from legal actions against them - the financial impact of the proceedings, the time investment they spend preparing for the proceedings, and psychological consequences, especially in cases where they are publicly attacked.

“These effects are often the indirect drivers of self-censorship,” FPU said. “Journalists water down stories, omit verified information, or do not continue investigations to avoid legal conflicts.” Many journalists indicate that the threat of legal action looming above their heads cause severe stress, anxiety, and psychological burden - something that is often underestimated by their editors, FPU said.

Freelance journalists and those working for smaller media suffer the most under this pressure, the study showed.”This group is the most vulnerable to the possible effects and is, therefore, more likely to resort to self-censorships.” But journalists for major publishing houses also experience many unspoken concerns about covering legal costs, despite the protection offered by working for a major title.

According to the FPU, the biggest legal pressure on journalists comes from Strategic Lawsuits Against Public Participation (SLAPPs). “These lawsuits are often brought by wealthy and powerful individuals against journalists, human rights defenders, and civil society organizations, with the aim of intimidating, pressuring, and silencing them.”

The FPU said current Dutch law provides options against the abuse of procedural law but offers no practical protection against SLAPP cases. The European Council will sign a long-awaited directive to protect journalists and human rights defenders against SLAPPs this week, and the FPU urged the Netherlands to quickly add it to Dutch law.