Revenge porn and digital stalking: what does Dutch criminal law say?

Making or publishing sexual images of someone without their consent is a criminal offence in the Netherlands. Since 1 July 2024, Article 254ba of the Criminal Code (Wetboek van Strafrecht) covers this conduct; it replaced the former Article 139h. Consent to the making of an image is not consent to its distribution: publishing a sexual image is punishable when the person who publishes it knows that this can harm the person shown.

Digital stalking is dealt with separately. Article 285b of the Criminal Code makes it an offence unlawfully, systematically and deliberately to intrude on another person’s privacy with the intention of forcing them to do or tolerate something or of instilling fear. Repeated messages, monitoring and impersonation across platforms can fall within it. Where images are used to extort money or further material, that is extortion by threat of disclosure (afdreiging) under Article 318, and unauthorised access to an account is computer trespass (computervredebreuk) under Article 138ab.

The criminal route is not the fastest way to get material taken down. Summary proceedings (kort geding) can produce a removal order within weeks, backed by a penalty payment. The right to erasure in Article 17 of the GDPR and the notice and action obligations of the Digital Services Act require platforms to act on a well-founded report. Specialised helplines assist with removal across several sites at once. Running these steps alongside a police report, rather than after it, is what limits the damage.

Which Dutch criminal provisions apply?

There is no single offence called “revenge porn” or “online harassment” in Dutch law. Depending on the conduct, several provisions of the Criminal Code apply, often at the same time.

When is sharing sexual images a crime?

Article 254ba of the Criminal Code makes it a crime to make a sexual image of someone intentionally and unlawfully, for example by filming them secretly. Possessing such an image is also punishable if you know, or should reasonably suspect, that it was obtained in that way.

The second paragraph of Article 254ba deals with publication. It is a crime to publish a sexual image that you know, or should reasonably suspect, was made unlawfully. It is also a crime to publish a sexual image of someone while knowing that publication can harm that person. That second variant matters most in practice. It applies even if the image was originally made or sent with full consent, for instance within a relationship. What counts is that the person shown did not agree to it being shared with others.

Article 254ba entered into force on 1 July 2024 with the Sexual Offences Act (Wet seksuele misdrijven). Before that date, the same conduct fell under Article 139h, which has now been repealed. For offences committed before 1 July 2024, the old article still applies.

If the person shown is under 18, separate and stricter provisions on sexual images of minors apply, such as Article 252 of the Criminal Code. In that case, do not save or forward the material yourself, but report it to the police or the Offlimits reporting point straight away.

What counts as digital stalking or harassment?

Stalking (belaging) under Article 285b of the Criminal Code covers unlawful, systematic and deliberate intrusion on someone’s privacy. The perpetrator must intend to force the victim to do or tolerate something, or to make them afraid. Online, this can include a stream of unwanted messages, following someone across platforms, creating fake profiles in their name or monitoring their location.

Prosecution for stalking requires a complaint by the victim (klachtdelict). A police report alone is not enough: you must state explicitly that you want the suspect to be prosecuted. The police can record this complaint together with your report.

Other conduct falls under separate provisions. Publishing someone’s personal data, such as an address or phone number, to frighten them or cause serious nuisance is doxing under Article 285d. Forcing someone to hand over money or more images by threatening to publish material is extortion by threat of disclosure under Article 318. Logging into someone’s email, cloud or social media account without permission is computer trespass under Article 138ab. Threats and insults can also be criminal offences in their own right.

What are the maximum penalties?

The maximum penalties differ per offence. They are maxima: the court decides the actual sentence based on the facts and the circumstances of the suspect.

• Making or possessing an unlawfully made sexual image (Article 254ba, paragraph 1): up to one year in prison or a fourth-category fine.
• Publishing a sexual image in the situations described above (Article 254ba, paragraph 2): up to two years in prison or a fourth-category fine.
• Stalking (Article 285b): up to three years in prison or a fourth-category fine.
• Doxing (Article 285d): up to two years in prison or a fourth-category fine.
• Extortion by threat of disclosure (Article 318): up to four years in prison or a fifth-category fine.
• Computer trespass (Article 138ab, paragraph 1): up to two years in prison or a fourth-category fine.

When several offences are committed together, the prosecutor can charge them side by side. A conviction also leaves a criminal record, which can affect a certificate of conduct (VOG) later on.

How does the criminal process protect victims?

The criminal process starts with a report to the police. The Public Prosecution Service (Openbaar Ministerie) then decides whether to prosecute, and it can impose measures to protect the victim while the case is pending.

How do you report the offence?

You make a report (aangifte) at a police station or by appointment. Bring your evidence with you, ideally in an organised form: screenshots with dates, links to the material and the usernames involved. For stalking, ask explicitly that your report is also recorded as a complaint, because without a complaint the suspect cannot be prosecuted.

The police can refuse to take a report only in limited cases, for example when the facts are clearly not a criminal offence. If you feel your report is not being taken seriously, a lawyer can help you put the facts in writing and submit them with a reference to the relevant articles. You can also have someone accompany you to the police station.

After your report, you have rights as a victim. You can be kept informed about the progress of the case, you can join the criminal proceedings as an injured party (benadeelde partij) to claim damages, and you can speak at the hearing. Victim Support Netherlands (Slachtofferhulp Nederland) can guide you through these steps.

Can a contact ban be imposed?

Yes. There is no special “digital restraining order”, but existing measures cover online contact as well. Under Article 509hh of the Code of Criminal Procedure (Wetboek van Strafvordering), the public prosecutor can impose a behavioural order (gedragsaanwijzing) on a suspect when there are serious grounds for suspicion. This can include a ban on contacting the victim, which also covers contact through messages and social media. The order is temporary and is meant to stop the conduct while the case is pending.

In a final judgment, the court can also impose a contact ban, for example as a condition attached to a sentence. Outside criminal law, you can ask the civil court in summary proceedings to prohibit the other person from contacting you or publishing material, backed by a penalty payment for each breach.

How do you secure evidence?

Secure evidence before you ask for removal. Once material is removed or an account is deleted, it can be hard to prove what was published and by whom.

Take screenshots that show the content, the date and time, the URL and the account name. Save messages, emails and call logs, and do not delete conversations with the perpetrator. Write down a short timeline of events. Do not share or forward sexual images of yourself as “evidence” via ordinary channels; describe them and give the location instead, and let the police secure the material.

Where the evidence will be used in summary proceedings or may disappear quickly, you can ask a bailiff (gerechtsdeurwaarder) to record the online content in an official report. Such a report carries more weight than your own screenshots if the other side disputes what was published.

The police and the prosecutor can request data from platforms and internet providers to identify an anonymous perpetrator. In civil proceedings, it is also possible in certain cases to ask a platform for identifying data of an anonymous user. How quickly this succeeds depends on the platform and on where it is established.

How do you get material removed and claim damages?

Removal and damages run largely outside the criminal case. You do not need to wait for the outcome of a prosecution; the different routes can be used in parallel.

How do you ask a platform to remove content?

Report the content directly to the platform through its reporting tool. Under the Digital Services Act, online platforms must offer a notice and action mechanism and act on a sufficiently precise report of illegal content. Under Article 17 of the GDPR (AVG), you can also ask for erasure of personal data, and an intimate image of you is personal data.

Keep a copy of every report and the platform’s response. If a platform does not respond or refuses, you can file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) about the GDPR request, or start summary proceedings.

The free and anonymous helpline of Offlimits supports people dealing with online sexual abuse and boundary-crossing behaviour. It can advise you and help with steps to get material taken offline. It is often useful to contact them early, because they can approach several sites at once.

What can employers and organisations do?

Employers have a duty under the Working Conditions Act (Arbowet) to prevent and limit psychosocial workload, which includes sexual harassment. When an employee is harassed online by a colleague, or when images circulate within the workplace, the employer must act. That usually means a clear policy, a confidential adviser (vertrouwenspersoon) and a procedure for complaints.

An employee who shares sexual images of a colleague, or stalks a colleague online, may face disciplinary measures up to dismissal. Whether summary dismissal is justified depends on the facts of the case. An organisation that is itself targeted, for example through fake profiles in its name, can report the content to the platform and take civil action.

What should you check as an employer?

When images circulate at work or an employee is stalked by a colleague, you must act under the Working Conditions Act (Arbowet). These checks help you act carefully and lawfully.

• Check that your policy on undesirable behaviour expressly covers online harassment and the sharing of images.
• Make sure a confidential adviser (vertrouwenspersoon) is appointed and that employees know how to reach them.
• Record incidents and secure internal logs before devices are wiped or accounts are closed.
• Hear the employee involved before you decide on measures; summary dismissal requires an urgent reason under Article 7:678 of the Civil Code.
• Report fake profiles in the organisation’s name to the platform and keep copies of every report.

How do summary proceedings and damages work?

Summary proceedings before the civil court are the fastest legal route to an enforceable order. The court can order the perpetrator to remove the material, not to publish it again and not to contact you, each backed by a penalty payment. In urgent cases, a hearing can be scheduled at short notice.

Publishing intimate images or stalking someone is also a wrongful act (onrechtmatige daad) under Article 6:162 of the Civil Code (Burgerlijk Wetboek). The victim can claim compensation for financial loss, such as costs of removal and lost income. Compensation for non-financial damage is possible in certain cases. You can claim damages as an injured party in the criminal case, which is often simpler, or start a separate civil case.

Which route fits best depends on what you want to achieve first: speed of removal, a contact ban or compensation. Often a combination works best, with summary proceedings for removal and the criminal case for punishment and damages.

How can you prevent misuse and where can you get support?

Prevention reduces the risk but never shifts responsibility to the victim. The person who shares images without consent or stalks someone is the one acting unlawfully.

Which practical measures protect you?

Use strong, unique passwords and two-factor authentication on email, cloud storage and social media. Check which devices and apps have access to your accounts and remove anything you do not recognise. Review your privacy settings and the location sharing on your phone.

After a relationship ends, change passwords to shared accounts and devices. Be alert to phishing messages that try to obtain your login details. If you suspect spyware or tracking on your phone, have it checked before you collect evidence on that device.

Where can victims get help?

Victim Support Netherlands (Slachtofferhulp Nederland) offers free practical, legal and emotional support to victims of crime, including online sexual abuse. The Offlimits helpline offers free and anonymous advice on online boundary-crossing behaviour and help with removal.

Within organisations, a confidential adviser can be the first point of contact. Schools and universities usually also have a confidential adviser or complaints procedure. For psychological support, your GP can refer you to appropriate care.

What should you check as a victim?

Start with evidence, then removal, then the report; in practice these steps often happen within the same days. Use this list to check that nothing is missed.

• Your screenshots show the content, the date and time, the URL and the account name.
• You reported the content to each platform and kept the confirmation.
• Your police report also records a complaint if stalking under Article 285b is involved.
• If the person shown is under 18, you reported it straight away and did not forward the material.
• You changed passwords and switched on two-factor authentication for shared accounts and devices.
• You keep a list of costs, such as removal costs and lost income, for a claim as injured party.

What can we do for you with revenge porn and digital stalking?

Our criminal lawyer team assists victims and employers, alongside the criminal case and outside it.

• We put your facts and evidence in writing, with the relevant articles, for your police report and complaint.
• We ask the public prosecutor for a behavioural order with a contact ban.
• We send removal demands and GDPR erasure requests to platforms and follow them up.
• We start summary proceedings for a removal order and contact ban backed by a penalty payment.
• We file your claim as an injured party in the criminal case, or a civil claim under Article 6:162 of the Civil Code.
• We advise employers on the steps to take against an employee involved.

Summary

• Making or publishing sexual images without consent is a crime under Article 254ba of the Criminal Code (formerly Article 139h), with a maximum of two years in prison for publication.
• Digital stalking falls under Article 285b and requires a complaint by the victim; doxing, extortion and account hacking fall under Articles 285d, 318 and 138ab.
• The prosecutor can impose a contact ban through a behavioural order (Article 509hh Code of Criminal Procedure); the civil court can do so in summary proceedings.
• Removal runs through the platform (Digital Services Act), the right to erasure (Article 17 GDPR), the Offlimits helpline and, if needed, summary proceedings.
• Secure evidence first, and run removal and the police report in parallel rather than one after the other.

Frequently asked questions