Insult, defamation and slander: what is punishable under Dutch law?

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 (smaad) 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 offence of slander (laster) applies, with a maximum of two years’ imprisonment.

Alongside the criminal route runs a civil one, which is often more effective. Under Article 6:162 of the Dutch Civil Code (BW), an unlawful statement can be met with an injunction, removal of the statement, a rectification and damages for financial loss and harm to reputation.

What counts as insult, defamation or slander?

Expressing an opinion or criticism is, in principle, allowed; a statement becomes punishable once it attacks someone’s honour or good name. The court weighs freedom of expression (Article 10 of the European Convention on Human Rights) against the right to protection of honour and reputation, case by case.

The Dutch Criminal Code (Wetboek van Strafrecht, Sr) distinguishes three offences: defamation (Article 261 Sr), slander (Article 262 Sr) and simple insult (Article 266 Sr).

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 can be committed in public, orally or in writing, or to the person’s face, and the maximum penalty is three months’ imprisonment or a fine of the second category, €5,500 as of 1 January 2026.

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(1) Sr). The maximum penalty is six months’ imprisonment or a fine of the third category, €11,000 as of 1 January 2026.

When defamation is committed through a written or pictorial statement that is distributed or publicly displayed, the law calls this libel (smaadschrift), and the maximum prison sentence rises to one year (Article 261(2) Sr). Online posts usually fall into this category. Under Article 261(3) Sr, there is no defamation if the person acted in necessary self-defence, or could assume in good faith that the imputed fact was true and that the public interest required the statement.

What is slander (laster)?

Slander is defamation where the speaker knows that the imputed fact is untrue (Article 262 Sr). The maximum penalty is 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, is a separate offence: a defamatory accusation (lasterlijke aanklacht, Article 268 Sr).

How is the offender prosecuted?

Insult, defamation and slander are complaint offences (klachtdelicten): under Article 269 Sr, the Public Prosecution Service (Openbaar Ministerie) can only prosecute if the victim files a complaint. Under Article 66 Sr, that complaint must be filed within three months of the day you became aware of the offence.

The exception is an insult of a public official during or about the lawful exercise of their duties: that is prosecuted without a complaint, and Article 267 Sr allows the prison sentence to be increased by one third.

Do the accusations have to be based on facts?

In civil proceedings, the court asks whether the accusation was sufficiently supported by the facts available when the statement was made. If it was not, the statement is unlawful under Article 6:162 BW and the maker can be held liable for the damage.

The victim can also ask the civil court to order a rectification under Article 6:167 BW: a published correction stating that the earlier statement was incorrect or misleading. In urgent cases, an injunction or removal order can be requested from the preliminary relief judge in summary proceedings (kort geding).

Can you start both a civil and a criminal procedure?

Yes. A victim can file a criminal complaint with the police and, at the same time, claim rectification and damages before the civil court; the two routes are independent. In criminal proceedings, a victim can also join as an injured party (benadeelde partij) and claim damages there.

What should you check as the person who was targeted?

• Save the statement: screenshots with date, time and URL, or the names of witnesses.
• Whether the statement imputes a specific fact (defamation or slander) or is only offensive (insult).
• The three-month deadline for filing a criminal complaint under Article 66 Sr.
• Whether you want removal and rectification quickly, which usually calls for a civil injunction rather than a criminal complaint.
• Which financial loss and reputational harm you can document for a damages claim.

What should you check as the person accused?

• Whether your statement was an opinion or value judgement rather than an imputation of a specific fact.
• Which facts supported your statement at the moment you made it, and whether you can document them.
• Whether you acted in necessary self-defence, or in good faith believed the fact was true and that the public interest required the statement (Article 261(3) Sr).
• Whether removing or correcting the statement voluntarily limits the damage and the risk of proceedings.

What can we do for you with insult, defamation or slander?

Our criminal lawyers assist both people who were targeted and people accused of a defamatory statement. We can:

• assess whether a statement is insult, defamation, slander or a permitted opinion;
• draft a demand letter for removal and rectification;
• apply to the preliminary relief judge for an injunction or removal order;
• help you file a criminal complaint within the three-month deadline and join the proceedings as an injured party;
• defend you against a criminal charge or civil claim based on Articles 261-266 Sr or Article 6:162 BW.

Summary

• Insult, defamation and slander are separate offences (Articles 266, 261 and 262 Sr), with maximum fines of €5,500, €11,000 and €27,500 in 2026.
• Defamation in writing or online (smaadschrift) carries up to one year in prison; slander up to two years.
• All three are complaint offences: the victim must file a complaint within three months, except for insults of public officials in office.
• Alongside a criminal complaint, a victim can claim removal, rectification and damages in civil proceedings, often the faster route.

Frequently asked questions