False accusation: what are your rights in the Netherlands?

If someone falsely accuses you, you can take action under both civil and criminal law: you can demand removal and rectification of the statement and claim damages, and you can report the accuser if the accusation was deliberately false. The main exception is an honest report to the police: reporting a suspicion is not unlawful in itself, even if the case is later dropped.

Which route fits depends on where the accusation was made. Where it was made publicly, online, to colleagues or to customers, it can be defamation (smaad) under Article 261 of the Dutch Criminal Code (Wetboek van Strafrecht, Sr), or slander (laster) under Article 262 Sr if the person knew it was untrue. At the same time it can be an unlawful act (onrechtmatige daad) under Article 6:162 of the Dutch Civil Code (Burgerlijk Wetboek, BW). The civil route is usually the more useful of the two: in summary proceedings the court can order within weeks that the statement is removed, that a rectification is published and that the statement is not repeated, with a penalty for each breach. Whether a statement is unlawful is decided by weighing freedom of expression against the right to protection of reputation. The seriousness of the allegation, the support it finds in the facts available at the time, the way it was worded and the audience it reached all play a role.

Where the accusation was made to the police, the position is different. The justice system depends on people being able to report without fear of liability. But deliberately making a false report of a criminal offence is itself an offence under Article 188 Sr, and deliberately filing a false written complaint against a specific person, which damages that person’s honour or reputation, is punishable as malicious accusation (lasterlijke aanklacht) under Article 268 Sr. If a criminal case against you ends without a conviction, you may also be able to claim compensation for detention and for your legal costs.

What counts as a false accusation under Dutch law?

Dutch law has no single offence called “false accusation”. Depending on how and to whom the accusation was made, it can fall under defamation, slander, a false report to the authorities or malicious accusation, and it can be an unlawful act under civil law.

Which rules apply to which kind of accusation?

The key distinction is between accusations spread among other people and accusations made to the authorities. A second distinction is whether the person making the accusation knew it was untrue.

Defamation under Article 261 Sr means deliberately attacking someone’s honour or good name by accusing them of a specific fact, with the obvious aim of making it public. The maximum penalty is six months’ imprisonment or a fine; if it is done in writing or with images (smaadschrift), for example in a post on social media, the maximum is one year. Slander under Article 262 Sr is defamation by someone who knows that the accusation is untrue; the maximum penalty is two years’ imprisonment or a fine. Defamation is not punishable if the person acted out of necessity to defend themselves, or could assume in good faith that the accusation was true and that the public interest required it to be made (Article 261(3) Sr). Defamation and slander are in principle only prosecuted if the victim files a complaint (klacht), which must be done within three months (Articles 269 and 66 Sr).

Accusations can arise from many motives: a personal conflict, a misunderstanding, a dispute at work or deliberate malice. The law takes these differences into account. An honest mistake is treated differently from a deliberate lie, and an accusation made in a proper complaint procedure differs from one spread on the internet. You can read more about the differences between defamation and libel and how each is assessed.

What can you do against a false accusation?

You have three main routes: a civil claim for removal, rectification and damages; a criminal complaint against the person who made the accusation; and steps to restore your reputation. These routes can be combined.

• Civil action: a claim based on an unlawful act (Article 6:162 BW) for an injunction, rectification and compensation.
• Criminal complaint: a report to the police for defamation, slander, a false report or malicious accusation.
• Restoring your reputation: a rectification, a statement from your employer or organisation, or removal of online content.

In a civil case you, as the claimant, must in principle prove that the statement was made and that it was unlawful (Article 150 of the Dutch Code of Civil Procedure). You do not have to prove that the other person acted with malice: an unlawful act does not require intent. It is enough that the statement, weighed against freedom of expression, was unjustified. The court looks, among other things, at the nature of the accusation, how serious its consequences are for you, the extent to which the accusation was supported by the facts available at the time, the way it was worded and whether you were given the chance to respond. Someone who makes a serious accusation must therefore be able to show that it had sufficient basis in the facts.

Dutch courts distinguish between honest mistakes, misunderstandings and deliberate attempts to cause harm. Not every incorrect statement is unlawful. An employee who reports a genuine suspicion of misconduct to their employer through the proper channel, for example, is generally protected, even if the suspicion later turns out to be unfounded.

What rights do you have if you are falsely accused?

If you are accused of a crime, you have the rights of a suspect, including the right to remain silent and the right to a lawyer. In all cases you have the right to collect evidence and to take civil and criminal action against the person who made the accusation.

What should you do first?

If the police want to question you, do not give a statement without having spoken to a lawyer first. If the accusation was made elsewhere, secure the evidence before you do anything else.

• Right to a lawyer: as a suspect, you may consult a lawyer before the police interview and have the lawyer present during it.
• Right to remain silent: you do not have to answer questions from the police (Article 29 of the Dutch Code of Criminal Procedure). This can be sensible until you know exactly what you are accused of.
• Right to collect evidence: you may gather and preserve evidence showing that the accusation is false, such as messages, emails, witness statements and location data.

Keep a detailed timeline of events and keep copies of all communications. Screenshots should show the date, time, URL and the name of the account that posted the message. In important cases, a bailiff can record online content in an official report, which has strong evidential value. Legal advice at this stage helps you avoid steps that could unintentionally strengthen the accusation, such as an angry public response or contacting witnesses.

Can you claim compensation for a false accusation?

Yes. If the accusation was unlawful, you can claim compensation for financial loss and, because your honour or reputation was damaged, also for non-financial damage (Article 6:106 BW). The court can also order a rectification (Article 6:167 BW).

The routes to redress include:

• Civil proceedings: a claim for an injunction, rectification and damages for financial loss, such as lost income or lost clients, and for non-financial damage.
• Criminal proceedings: a complaint against the person who knowingly made a false accusation. As a victim you can join the criminal case as an injured party and claim damages there (Article 51f of the Dutch Code of Criminal Procedure).
• Compensation after a criminal case: if you were prosecuted yourself and the case ended without a conviction, you can ask the court for compensation for time spent in custody and for the costs of your lawyer (Articles 533 and 530 of the Dutch Code of Criminal Procedure). This request must be made within three months of the end of the case.

You must show the damage and the link between the damage and the accusation. Document the consequences carefully: lost assignments, a suspension at work, cancelled contracts, costs you had to incur and the effect on your personal life. Emails from customers, financial records and statements from people who heard the accusation can support your claim. The amount of compensation for non-financial damage depends heavily on the circumstances of the case; often the main value of civil proceedings often lies in the removal of the statement and the rectification.

How much time do you have to take action?

A civil claim for damages is time-barred five years after the day on which you became aware of both the damage and the person responsible, and in any case twenty years after the event (Article 3:310 BW). For a criminal complaint about defamation or slander, the time limit is much shorter: three months.

In practice, waiting is rarely wise. An injunction in summary proceedings requires urgency, and a court may be less willing to accept that urgency if you wait many months after the statement was published. Online content also spreads quickly and becomes harder to remove as time goes by. Act promptly and decisively: that increases your chances of limiting the damage.

What steps should you take if you or your business are falsely accused?

Secure the evidence, do not respond emotionally and seek legal advice before you take any public or legal step. For a business, a clear internal and external communication plan is just as important.

Which legal and strategic steps can you take?

The usual order is a formal letter, then summary proceedings if the other party does not comply, and a claim for damages where the loss is significant. Alongside this, you can file a criminal complaint.

• Formal letter: a cease-and-desist letter demanding removal of the statement, a rectification and an undertaking not to repeat it, with a short deadline.
• Evidence: systematically gather documents that show the accusation is false or unsupported.
• Proceedings: summary proceedings for an injunction and rectification, and if needed proceedings on the merits for damages.

Keep in mind who has to prove what. In civil proceedings the claimant must in principle prove the facts on which the claim is based. However, a person who makes serious accusations must be able to show that they were sufficiently supported by the facts at the time. In criminal proceedings against you, the prosecution must prove the charges; you do not have to prove your innocence. A lawyer can make the most of these rules to challenge unfounded allegations.

For businesses, communication is part of the strategy. A carefully worded public statement, clear internal communication and direct contact with important customers and partners can limit the damage. Make sure that public statements do not themselves contain accusations against the other party, as that could lead to a counterclaim.

Look after yourself and your team as well. A false accusation causes stress and uncertainty, and good decisions require a calm mind. Within a business, it helps to inform employees openly about what is happening, as far as confidentiality allows, and to present a united response. Where the accusation concerns an employee, the employer must investigate carefully and fairly before taking measures, as part of its duty to act as a good employer (Article 7:611 BW).

What are the consequences of making a false report?

Deliberately making a false report of a criminal offence is punishable by up to one year’s imprisonment or a fine (Article 188 Sr). Deliberately filing a false written complaint against a specific person that damages their reputation is malicious accusation under Article 268 Sr, which carries a heavier penalty.

What criminal and civil liability applies?

Someone who deliberately makes a false report can face both criminal prosecution and a civil claim. The decisive factor is knowledge: the person must have known that the offence had not been committed or that the accusation was false.

The possible consequences include:

• Criminal prosecution: imprisonment of up to one year or a fine for a false report (Article 188 Sr), and a heavier penalty for malicious accusation (Article 268 Sr) or slander (Article 262 Sr).
• A criminal record: a conviction is recorded in the judicial documentation system. This can, for example, make it harder to obtain a certificate of good conduct (verklaring omtrent het gedrag, VOG) for certain jobs.
• Civil liability: the person who was falsely accused can claim compensation for financial and non-financial damage.

The law distinguishes between deliberately false reports and genuine mistakes. A person who reports in good faith what he or she believed to have happened does not commit an offence, even if the suspect is later acquitted. Courts look carefully at what the person knew at the time of the report and at the context in which it was made.

What other consequences can a false report have?

Besides a criminal penalty, a person who makes a false report can be ordered to compensate the damage caused. There can also be consequences at work and in personal relationships.

The civil liability can be substantial. The person who was falsely accused can claim compensation for lost income, the costs of legal assistance that are not reimbursed elsewhere, and non-financial damage for the harm to their honour and reputation. Where the false accusation led to a criminal case, the loss may include the consequences of an arrest or detention.

What should you check if you are falsely accused?

Your first steps decide what you can prove later and how quickly you can act. Check these points in the first days.

• Screenshots show the statement, the date and time, the URL and the account name; for important content, a bailiff records it.
• You have not given a police statement without first consulting a lawyer.
• You know whether you want to file a criminal complaint for defamation or slander, which must be done within three months (Article 66 Sr).
• You have not responded publicly in a way that contains accusations of your own.
• You keep a record of the damage: lost assignments, a suspension, cancelled contracts and costs.

What should you check before you make a report or accusation?

Reporting a genuine suspicion is protected, but a careless or knowingly false accusation can make you liable. Check these points first.

• Base the report on facts you can support with documents or witnesses, not on rumours.
• Use the proper channel, such as the police, your employer’s internal procedure or a confidential adviser, rather than social media.
• Word the report as a suspicion and stick to the facts.
• Do not share the accusation with people who have no role in dealing with it.
• Remember that a knowingly false report of a criminal offence is punishable by up to one year’s imprisonment (Article 188 Sr).

What can we do for you after a false accusation?

Our criminal lawyer team assists people and businesses who are falsely accused, and suspects in a criminal case.

• We assess whether the statement is unlawful under Article 6:162 BW or punishable as defamation or slander.
• We send a demand for removal, rectification and an undertaking not to repeat the statement.
• We start summary proceedings for removal and rectification, backed by a penalty payment.
• We file a criminal complaint within the three-month period and claim damages as an injured party.
• We assist you during police interviews and in a criminal case against you.
• We request compensation for detention and legal costs within three months after a case ends without a conviction.

Summary

• A public false accusation can be defamation or slander (Articles 261 and 262 Sr) and an unlawful act (Article 6:162 BW); summary proceedings can lead to removal and rectification within weeks.
• Reporting a genuine suspicion to the police is not unlawful, but a deliberately false report (Article 188 Sr) or malicious accusation (Article 268 Sr) is a criminal offence.
• Secure evidence first and do not give a police statement without having consulted a lawyer.
• A criminal complaint for defamation must be filed within three months; a civil damages claim is time-barred five years after you became aware of the damage and the person responsible.
• After a criminal case that ended without a conviction, you can ask for compensation for detention and legal costs within three months.

Frequently asked questions