Dutch law draws a line between an opinion, however sharp, and an attack on someone’s reputation. Insult is punishable where it serves only to offend; defamation is the intentional damaging of someone’s good name by imputing a specific fact with the aim of giving it publicity; and where the person making the statement knows the fact to be untrue, the aggravated form of slander applies, with a higher maximum sentence.
Alongside the criminal route runs a civil one, which is often the more effective option. An unlawful statement can be met with an injunction, a rectification, removal of the statement, and damages for both financial loss and harm to reputation.
What counts as insult, defamation or slander?
Expressing an opinion or criticism is, in principle, allowed. That right has limits: a statement becomes unlawful once it does more than criticise and instead attacks someone’s honour or good name. Whether a statement crosses that line is judged case by case. The court weighs the right to freedom of expression against the right to protection of honour and reputation. Dutch criminal law (articles 261, 262 and 266 of the Criminal Code, Wetboek van Strafrecht) distinguishes three offences: simple insult, defamation (smaad) and slander (laster).
What is simple insult?
Under article 266 Sr, any intentional insult that does not amount to defamation or slander is a simple insult (eenvoudige belediging). It is a complaint offence (klachtdelict): the person responsible can only be prosecuted once the victim has reported it. In practice, many victims choose not to report an insult, often to avoid the publicity that a prosecution can bring – even though that choice can leave a genuine wrong unaddressed.
What is defamation (smaad)?
Defamation exists when someone deliberately damages another person’s honour or good name by imputing a specific fact, with the aim of making that fact public (article 261 paragraph 1 Sr). Deliberately putting someone in a bad light – an individual, a group or an organisation – with the intention of publicising it, is enough to meet this test.
Defamation can happen verbally or in writing. When it is committed through a written or pictorial statement that is distributed, publicly displayed or otherwise made public, the law calls this smaadschrift, and the maximum sentence rises from six months to one year (article 261 paragraph 2 Sr). A written statement is also easier for the victim to prove.
What is slander (laster)?
Slander is spoken of when someone makes a public statement they know, or should know, is not true, with the aim of damaging another person’s honour or good name (article 262 Sr). Slander can be described as accusing someone by means of a lie the speaker knows to be false.
Do the accusations have to be based on facts?
A central question in practice is whether, and to what extent, the accusation was supported by facts that were available at the time the statement was made. The court looks back at the situation as it stood at that moment. If the statement turns out to be unfounded, the person who made it can be held liable for the resulting damage.
In most cases the victim is entitled to compensation. Following an unlawful statement, a victim can also ask a civil court for a rectification: a court-ordered correction stating that an earlier message was incorrect or unfounded.
Can you start both a civil and a criminal procedure?
Yes. In cases of insult, defamation or slander, a victim can pursue civil and criminal proceedings side by side. Through civil law, the victim can claim compensation or a rectification. Because defamation and slander are also criminal offences, the victim can also report them to the police and ask the public prosecutor to prosecute the offender.
What sanctions apply to insult, defamation and slander?
Simple insult (article 266 Sr) is only prosecuted after the victim has filed a complaint and the Public Prosecution Service (Openbaar Ministerie) has decided to prosecute. The maximum sentence is three months’ imprisonment or a fine of the second category, which is €5,500 as of 1 January 2026. The actual fine or sentence depends on how serious the insult was; a discriminatory insult, for example, is punished more severely.
Defamation (article 261 Sr) is prosecuted on the same basis: a complaint by the victim, followed by a decision of the Public Prosecution Service to prosecute. The maximum sentence is six months’ detention, or one year when committed in writing or another public form (smaadschrift), or a fine of the third category – €11,000 as of 1 January 2026. Defamation of a public official acting in the lawful exercise of their duties can be punished more severely: article 267 Sr allows the prison sentences in this title to be increased by one third.
Slander (article 262 Sr) carries considerably heavier penalties: up to two years’ imprisonment or a fine of the fourth category, €27,500 as of 1 January 2026. Deliberately filing a false, written complaint or report against someone with the authorities, knowing it damages that person’s honour or good name, is a related but separate offence – a defamatory accusation (lasterlijke aanklacht, article 268 Sr) – carrying the same maximum penalty. This mainly arises where someone falsely claims to have been assaulted or abused.
Is an attempt at defamation or slander also punishable?
An attempt at defamation or slander is punishable too. ‘Attempt’ means the offender has taken a first step towards committing the offence, but it was not completed. There must be a clear beginning of the act of committing the crime; without that beginning, there is no punishable attempt, including where the offender voluntarily abandons the plan after having started.
Under the general rule for attempted crimes (article 45 Sr, not separately verified in this update), the maximum penalty for an attempt is two-thirds of the maximum for the completed offence. That puts attempted defamation at a maximum of four months, and attempted slander at a maximum of one year and four months.
In summary
- Insult, defamation and slander are separate criminal offences (articles 266, 261 and 262 Sr), each with its own maximum sentence and fine category.
- Defamation committed in writing or another public form (smaadschrift) carries a higher maximum sentence than a spoken statement.
- Insult and defamation are only prosecuted after the victim files a complaint; the Public Prosecution Service then decides whether to prosecute.
- Alongside a criminal complaint, a victim can start civil proceedings for a rectification and damages, which is often the faster route.
- An attempt at defamation or slander is also punishable, at two-thirds of the maximum penalty for the completed offence.
Frequently asked questions
Can I be insulted online without it being a crime?
Not every unpleasant online comment is unlawful. A statement must genuinely damage your honour or good name, or serve only to offend, before it can amount to insult, defamation or slander.
Do I have to choose between a criminal complaint and a civil claim?
No. You can file a criminal complaint and start a civil procedure for a rectification or damages at the same time; the two routes are independent of each other.
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