Court orders prosecution of Dutch journalist for defamation; Newspaper concerned

The Arnhem-Leeuwarden Court of Appeal has ruled that the Public Prosecution Service (OM) must proceed with a defamation case against a journalist from De Twentsche Courant Tubantia. The case was brought, among others, by a woman from Hengelo who had run spiritual sessions for many years.

Several articles published by the newspaper in 2024 about the woman’s activities included reports from participants describing excesses and misconduct within the spiritual group. This prompted the group leader and others to file a complaint with the OM. They claim that the articles’ statements caused intimidation and public harassment.

The OM acknowledged that the articles were hurtful and offensive to the woman and her associates, including her husband, but found no basis for pressing charges. The OM stated that the pieces were protected under journalistic freedom and did not include statements that could be considered criminal.

The court disagreed in one instance. In a May 11, 2024, article, the ruling states that the woman from Hengelo was portrayed as having engaged in crimes such as labor exploitation and child abuse. The article mentioned her full name and included a photo of her residence.

The journalist maintained that he was exercising his right to freedom of speech and aimed to expose misconduct in his reporting. The court has referred the case to the criminal court and ordered that the journalist be prosecuted.

“This decision hits us hard,” said Daan Bonenkamp, editor-in-chief of the newspaper. He noted that the OM had earlier determined the article did not contain criminal statements and was protected under journalistic freedom. Bonenkamp expressed full confidence in a favorable resolution and assured that the journalist has the newspaper’s complete support. “The personal and professional impact of this case is significant and should not be underestimated.”

The woman, speaking through her attorney Jordi L’Homme, expressed relief at the appellate court’s ruling. She claims the newspaper’s articles were largely driven by personal vendettas and have had a significant impact on her. “The effects have been enormous, affecting her safety, reputation, and everyday life,” her lawyer stated. She anticipates that the criminal court will find the journalist guilty.

The Dutch Association of Journalists (NVJ) said it is “unpleasantly surprised” by the decision. Thomas Bruning, general secretary of the NVJ, said in his first reaction that bringing a defamation case against a journalist is both uncommon and deeply worrying.

He described criminal prosecution of a journalist as “a drastic measure,” noting that professional journalists do not act with malicious intent and that criminal law is not designed for this purpose.

A date for the court hearing has not yet been scheduled.