Under Dutch law, defamation (smaad) means deliberately harming someone’s honour or reputation by accusing them of a specific fact, with the aim of making it public (Article 261 of the Dutch Criminal Code, Sr). In writing or images it is called smaadschrift. Libel (laster) is defamation by someone who knows the accusation is untrue (Article 262 Sr).
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What penalties apply?
- Defamation: up to six months in prison or a third-category fine, at most 11,000 euros in 2026.
- Written defamation: up to one year or a third-category fine.
- Libel: up to two years or a fourth-category fine, at most 27,500 euros in 2026.
A general insult without a specific accusation is simple insult (eenvoudige belediging, Article 266 Sr).
When is a statement not punishable?
Defamation is not punishable if the speaker acted in the public interest or out of necessary self-defence (Article 261(3) Sr). Journalists and whistleblowers can rely on this if the accusation is sufficiently supported by facts. This defence is not available for libel. Courts also weigh freedom of expression under Article 10 ECHR.
What can a victim do?
Defamation and libel are offences prosecuted only on complaint (Article 269 Sr), which must be filed within three months (Article 66 Sr), unless the victim is a public official on duty. A defamatory statement is also a tort (Article 6:162 Dutch Civil Code). In summary proceedings you can claim removal, rectification and a ban; in main proceedings, damages.
Related terms
See also offence prosecuted on complaint (klachtdelict) and reporting a crime.
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