Sanoma B. V. The Netherlands Case Study
Case Note on Sanoma Uitgevers BV v. The Netherlands
Understanding Law and its Language
21 December 2014
Words: 1485
Maximilian de Vreeze
ANR 229916
Introduction
The case of Sanoma Uitgevers BV.v. The Netherlands is an interesting case in which freedom of expression is discussed and which led to a judgment by the Grand Chamber of the ECHR. The case is important because it raises questions regarding the interpretation of article 10 ECHR on the freedom of expression, and the processes regarding the safeguarding of procedures for the protection of journalistic sources. In this case note I will cover: the facts of the case; what is legally at stake, the reasoning and decision of the judges, my analysis of this reasoning
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v The Netherlands. The court did adequately justify its decision in my opinion in choosing to overrule the previous judgment because “the investigating judge had only an advisory role without any legal basis” I think the decision will influence existing law because the law was considered to be deficient and in the future courts will develop more specific and clear norms for legal conduct determined to establish in what way the consideration between public interest and the protection of journalistic sources should be decided. This can be done by developing a legal framework for establishing the procedures for safeguards and also for the ex-ante review by judges. I do not feel there were omissions, which probably has to do with the fact that the original case of 2009 was reviewed by the grand chamber which ensures for a more thorough examination of the case. All in all this will, in the future, give journalists a much stronger point of argumentation with a legal basis in dealing with the safeguarding of their sources, within the Netherlands and also internationally. This is good for the legality of this part of the law. The interpretation of the law was appropriate because in this day and age media exposure is more prominent than ever which can have severe consequences on a company’s reputation, hence I feel like the fine of 35.00 Euro “the Netherlands” was ordered to pay is completely
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