Flight advertising ban in The Hague sparks legal battle with travel industry
The travel industry and TUI are challenging The Hague’s newly implemented advertising ban on flights, which came into effect on January 1, as reported by De Telegraaf. The ban also covers advertisements for cruise trips, gray energy contracts, and fossil-fuel-powered vehicles. Although the ban is already in place, the enforcement has been temporarily suspended, allowing some advertisements to continue.
The travel industry, represented by ANVR and TUI, will take the matter to court this Friday. “We are challenging this ban because it is part of the local ordinance, which we believe severely restricts freedom of speech,” said an ANVR spokesperson. Both ANVR and TUI have yet to reveal their full strategy for the court session.
Legal experts, including environmental law attorney Anita Nijboer, argue that municipalities do have the right to establish regulations but are limited to matters of local governance. "Municipalities are not authorized to regulate the content of advertising. This is an infringement on freedom of expression,” Nijboer said, criticizing the ban as an overstep of local authority.
The issue stems from the desire to reduce environmental impact, with some cities already implementing bans on advertisements for products like meat, dairy, and fossil-fuel cars. Former climate minister Rob Jetten (D66) was a strong advocate for such measures. However, Nijboer believes that restricting ads for legal activities, like flying, is overreaching. “It’s not illegal to fill your gas tank or take a flight,” she said.
The Hague, which is positioning itself internationally as a city of law and justice, recorded 2.9 million hotel nights last year, according to the city’s marketing organization TH&P. Despite this, the municipality is keen on attracting more tourists from North America and Asia, who typically arrive by air and spend significantly while visiting. A spokesperson for the city emphasized that the goal is not to exclude these international visitors but rather to prevent the promotion of flights through advertising.
Gerben Broekema, a transportation expert and economic geographer, argued that comparing air travel to smoking is misleading. "Flying, like other modes of transportation, facilitates economic, social, and recreational activities,” Broekema told De Telegraaf. “In countries like Greece and Curacao, flying is often the only way to reach these destinations. Reducing flights directly impacts the economy and social structure of these countries."
Other municipalities, such as North Holland, recently abandoned plans for an advertising ban after learning that companies responsible for bus stop shelters would face a 10 percent drop in revenue. In Amsterdam, doubts have emerged about the feasibility of enforcing a similar ban. Bans on advertisements for actions like infidelity have also emerged in municipalities such as Barneveld and Nunspeet.
The Hague’s advertising ban is expected to cost the city nearly five million euros in lost revenue. Local politician Richard de Mos criticized the policy, calling it an "irresponsible" decision that further weakens the city’s already struggling economy. “It’s irresponsible for the municipal budget to suffer due to this political blunder. Our city is already near the bottom of economic rankings. The local government is focusing on climate-related politics, but this is nothing more than symbolic gestures,” de Mos said.
