Dutch Council of State backs terror glorification ban, urges clearer safeguards

The Council of State has endorsed a proposed Dutch law banning the glorification of terrorism but urged Justice Minister David van Weel to clarify how it should be applied to avoid violations of fundamental rights.

The advisory opinion supports the core of the proposal, which would make it a criminal offense to praise serious terrorist crimes, such as deadly attacks, distribute materials that glorify terrorism, or publicly support banned terrorist organizations. Penalties could include up to three years in prison or a fine, depending on the case.

The council said the law does not contain “impermissible restrictions of freedoms,” based on case law from the European Court of Human Rights. But it warned that freedoms of expression, assembly and religion could still be breached in practice if those rulings are not properly applied.

In its opinion, the council stressed the need to balance security and civil liberties, writing that “it is important that criminal law provides sufficient opportunities to act against the spread of extremist ideology,” while also ensuring people can “participate in public debate without having to fear criminal prosecution.”

To address those risks, the Council of State called on van Weel to strengthen the explanatory notes to the bill so prosecutors and judges can better understand how to apply it. It also urged the government to incorporate its comments before submitting the proposal to the Tweede Kamer.

The proposal has already been revised following strong criticism after its initial release last year under the Schoof cabinet. Thousands of individuals and organizations responded during a public consultation. Groups including PAX voor vrede, The Rights Forum and Plant een Olijfboom warned the law could allow politically motivated prosecutions, for example targeting activists expressing support for the Palestinian cause.