The Public Prosecution Service has had two Dutch groups blocked on chat app Telegram. Conspiracy theories about Satanic infanticide among other things were shared in the groups; some of the content was punishable. But can the judiciary actually get groups on social media off the air?
The Telegram groups that are no longer accessible are called De Batavian Republic and Het Batavian News. The groups’ 13,000 followers will now see a police banner stating that the channel has been taken offline. Regional variants of the groups can still be visited.
“We have seen in these groups that criminal statements were made,” says press officer Frank van Kins of the Public Prosecution Service. “The statements appear in several criminal investigations. We recently saw that the groups again wanted to share certain videos, in which criminal offenses would again be discussed.”
These are threatening, inflammatory and defamatory videos that are aimed in particular at administrators and politicians. The judge previously ruled that the videos in question may no longer be online because they contain prohibited content. “The criminality is mainly in inciting violence,” said the press officer.
Convicted
Some administrators of the two Telegram groups are already in jail. This concerns Wouter R., who was sentenced to nine months in prison, three of which were conditional for death threats against the lawyer of the municipality of Bodegraven and incitement against RIVM member Jaap van Dissel. Joost K. has been extradited to the Netherlands by Spain and is in pre-trial detention. Together with Hans M. he has to appear at the beginning of December.
In Northern Ireland, Micha K., a Dutch conspiracy theorist who is subject to several international arrest warrants, is incarcerated. RIVM and various journalists filed a complaint against him for defamation. K. also has to serve a prison sentence of six months for libel and slander. The Netherlands has submitted an extradition request.
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The right to freedom of expression continues to apply in full.
The Public Prosecution Service was not allowed to simply block the chat groups, explains Van Kins. “A procedure is underway, but in this case the judge also looked at the claim and approved it.” The Public Prosecution Service believes that it is the first time that the judiciary has shielded channels on social media.
Frederik Zuiderveen Borgesius, professor of ICT and law at Radboud University, calls the action “unusual, but not shocking”. He notes that the content of the groups most likely already goes against Telegram’s rules of conduct.
“And if it is true that these groups call for threats or serious defamation – which is punishable – it may be very reasonable to remove the groups, especially if a judge has also looked at it.”
The administrators of the groups could also go to court again if they disagree with the blockade, says the professor.
‘Boundary reached’
According to the Public Prosecution Service, the freedom of expression on apps such as Telegram is not at stake. “The right to freedom of expression continues to apply in full. But here the limit has been reached with criminal law.”