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No ban on broadcast AVROTROS
On Monday afternoon 25 February 2015, the “Foundation Lottery Loss” (Stichting Loterijverlies) tried through summary proceedings before the District Court Midden-Nederland to enforce a preventive ban on the broadcast of the popular consumer television program “Radar”. The foundation recently achieved a victory before the Supreme Court against the State Lottery and urges people who have participated in the lottery between 2000 and 2007 to register with them. Loterijverlies claims that these people could get their deposit money back and/or would be entitled to damages. The foundation feared that in this particular episode of Radar, the activities of the Foundation would be ridiculed and more specific, that its participants would not be entitled to any damages. The District Court however dismissed the claim directly after the hearing.
There was no indication of slander and the AVROTROS applied the adversarial principle, hence the fear of the Foundation that they would be ridiculed was not apparent. The freedom of expression of AVROTROS outweighed the personal interests of the Foundation. AVROTROS was allowed to broadcast the program.
The irony in all this is the fact the television show Radar actually originally contributed to the trial against the State Lottery, since it was Radar that initially (years ago) broadcasted an item relating to misleading advertising by the State Lottery. This broadcast was eventually the reason for the proceedings against the State Lottery.
AVROTROS was represented by Bertil van Kaam.