Online defamation and cyberbullying: what can you do under Dutch law?

If you are targeted by cyberbullying or online defamation in the Netherlands, you have three routes: a notice to the platform under the EU Digital Services Act (DSA), a civil claim for a wrongful act under Article 6:162 of the Dutch Civil Code (BW), and a criminal complaint for insult, defamation or stalking under the Criminal Code (Wetboek van Strafrecht, Sr). Most victims start with the civil route, because summary proceedings (kort geding) can produce a removal order within weeks.

The criminal route is most useful when the conduct is persistent or threatening. Defamation and stalking are complaint offences (klachtdelicten): the police and Public Prosecution Service (OM) can only prosecute if you file a complaint, and you must do so within three months of learning of the offence (Article 66 Sr).

What counts as cyberbullying and online defamation?

Cyberbullying is not a separate offence in Dutch law. The conduct is assessed under existing offences and under the civil-law standard of Article 6:162 BW, regardless of whether it happens online or offline.

Common forms are abusive or threatening messages, fake profiles, sharing private images without consent, false reviews of your business and coordinated posting campaigns. Online content can be copied and resurface for years, which is why fast action matters. Our article on criminal-law protection against online harassment goes deeper into the criminal side.

Which criminal offence applies to an online post?

Dutch law sorts statements by what they assert, not by the medium. An allegation of a specific fact meant to damage someone’s good name is defamation (smaad, Article 261 Sr); the same allegation in writing or images, as almost everything online is, is libel in writing (smaadschrift).

• Laster (Article 262 Sr): defamation by someone who knows the allegation is untrue. It carries the highest penalty of the three.
• Belediging (Article 266 Sr): simple insult, abuse without a specific factual allegation.
• Belaging (Article 285b Sr): stalking, a sustained pattern of unwanted contact, messages or tags aimed at one person. This is often the better route when the problem is volume and persistence rather than one post.

Article 261 Sr contains its own defence: there is no defamation if the maker acted in the general interest or in necessary self-defence and could reasonably assume the allegation was true. Truth alone is therefore not decisive; the purpose of the publication counts as well. Criminal liability for posts is discussed further in our article on criminal liability for statements on social media.

When is an online statement unlawful under civil law?

A statement is a wrongful act (onrechtmatige daad) under Article 6:162 BW if, on balance, your right to protection of your reputation and privacy outweighs the author’s freedom of expression under Article 10 of the European Convention on Human Rights. You do not need to prove criminal intent.

The court weighs the seriousness of the accusation, the factual support available when it was published, the wording and presentation, the public role of the person concerned and the public interest served. Public figures must accept more criticism than private individuals. A false statement weighs heavily, but a true statement can also be unlawful if publishing it served no legitimate purpose.

If the statement is unlawful, the court can order removal, prohibit repetition, order a rectification and award damages for financial loss and, in serious cases, non-financial loss. A removal order is usually backed by a penalty payment (dwangsom) per day or per breach.

How do you get content removed?

Start with a notice to the platform or website. Under the Digital Services Act, every hosting service must offer a notice-and-action mechanism, and online platforms must give reasons for their decision and offer an internal complaint procedure.

1. Secure the evidence first: screenshots with date and time, the URLs, the account names and any messages.
2. Report the content through the platform’s own reporting tool and state precisely why it is unlawful under Dutch law.
3. For a blog, forum or small website, write to the site owner or host and keep copies.
4. If the platform refuses, use its internal complaint procedure or ask the court for a removal order in summary proceedings.

Search engines can be asked to delist search results under the right to erasure in Article 17 of the General Data Protection Regulation (GDPR, in Dutch AVG). That request succeeds only if your privacy interest outweighs the public’s interest in the information.

What if the author is anonymous?

A host or platform can be ordered to disclose the name and address of an anonymous user. The Supreme Court (Hoge Raad) set the criteria in Lycos/Pessers (25 November 2005, ECLI:NL:HR:2005:AU4019).

Disclosure is required when it is sufficiently likely that the content is unlawful and harmful to you, you have a real interest in the data, there is no less intrusive way to identify the author, and your interest outweighs those of the host and the user. Platforms keep IP and log data only for a limited time, so send the request quickly. If the platform is based outside the Netherlands, a Dutch court may still have jurisdiction, but enforcement can take longer.

How does the criminal route work?

You report the offence to the police and file a complaint (klacht) within three months of learning of it. Without a timely complaint from you, the OM cannot prosecute defamation, insult or stalking.

The OM decides whether to prosecute. A criminal conviction can support your civil claim, and you can join the criminal case as an injured party (benadeelde partij) to claim compensation. For threats, stalking or the sharing of sexual images the police usually act faster than for defamation alone. Our guide to filing a police report explains the steps.

What should you check if you are the target?

• Have you saved screenshots, URLs and dates before the content is changed or deleted?
• Does the post allege a specific fact (possible defamation) or only abuse you (insult)?
• Is there a pattern of repeated contact that could amount to stalking under Article 285b Sr?
• Is the three-month complaint period of Article 66 Sr still running?
• Have you reported the content to the platform and kept its response?

What should you check if you are accused of defamation?

• Is your statement a value judgment or a factual allegation, and what factual support did you have when you posted it?
• Did you post in the general interest, for example as a consumer review or a warning, and was the wording proportionate?
• Can you limit the damage quickly by removing or correcting the post?
• Is the removal demand or summons within a reasonable deadline you can meet?

What can we do for you with cyberbullying or online defamation?

Our lawyers handle reputation and online defamation cases, on both the civil and the criminal side; see also our IT lawyer page.

• We assess whether the content is unlawful under Article 6:162 BW or a criminal offence.
• We draft the notice to the platform and the cease-and-desist letter to the author.
• We apply for a removal order, a ban on repetition and a penalty payment in summary proceedings.
• We request disclosure of an anonymous user’s details under the Lycos/Pessers criteria.
• We prepare the police report, the complaint and the injured-party claim.

Summary

• Cyberbullying is assessed under existing law: Articles 261, 262, 266 and 285b Sr and Article 6:162 BW.
• Defamation, insult and stalking are only prosecuted after your complaint, filed within three months.
• Summary proceedings can produce a removal order with a penalty payment within weeks.
• Platforms must offer a DSA notice-and-action procedure; search engines can be asked to delist under the GDPR.
• Anonymous authors can be identified through a court order based on Lycos/Pessers.

Frequently asked questions