HLN and VTM NIEUWS officially register third-party opposition to the publication ban that Conner Rousseau enforced through the court. In this way he stopped an article and a report about “possibly racist statements” in a café. Experts previously called the ban “unconstitutional”. HLN and VTM NIEUWS adhere to the publication ban, but now want to have it lifted through the court. In the meantime, Rousseau himself received an invitation from the police: he will be interrogated on Thursday.
The police drew up a report against Vooruit chairman Conner Rousseau after he made “possibly racist statements” in a café. According to the officers, this happened during the Peace Festival in Sint-Niklaas, the politician’s home town. The editors of HLN and VTM NIEUWS wanted to publish some passages from the official report last Thursday. But when Conner Rousseau is asked for a response, he goes to court for summary proceedings.
He submits a one-sided petition. Read: the judge only has the time and opportunity to hear Rousseau’s arguments. HLN and VTM NIEUWS cannot make their voices heard in court at that moment. The judge rules that an article and/or report would violate his right to defense. The result: an injunction banning publication. If HLN and VTM NIEUWS do not comply with this, they will have to pay a penalty of 1,000 euros per hour.
LOOK. Conner Rousseau blocks publication through court
The editors are (for the time being) adhering to the publication ban. However, they could pay the penalty and still publish. “In contrast to the handling of Conner Rousseau’s unilateral petition, HLN and VTM NIEUWS will now have to be heard by the court,” say Dimitri Antonissen and Bert Heyrman, the editors-in-chief of HLN and VTM NIEUWS. “We have every confidence in the positive outcome. We have consciously chosen to respect the court’s order and therefore not to publish it at this time. But we fully support the content of the article and report and we hope to be able to deliver it as soon as possible. But we will comply with a court order.”
Theoretically, the case could be initiated on Thursday. But in practice, Conner Rousseau’s lawyer may ask for time to respond and the case will therefore be postponed for a while. A ruling may therefore have to wait a few weeks.
LOOK. How did the party office proceed?
Unconstitutional
Experts are also now watching with suspicion what the judge in summary proceedings will soon decide. Because according to them the initial decision was even unconstitutional. “It is very exceptional that politicians receive a broadcasting ban from the court,” said Elke Cloots, lecturer in Media Law at the University of Antwerp. “That is against the censorship ban in our constitution and against the case law of the European Court of Human Rights.”
If HLN and VTM NIEUWS are right by the judge, they can still publish the article and the report on Conner Rousseau’s possible statements. ”We continue to fight to be able to publish what we know in this story of great social importance as quickly as possible. This third-party resistance is the logical legal step against the unilateral publication ban imposed on HLN and VTM NIEUWS. We feel supported by experts who confirm that the ban is against the law and even the constitution.”
Conner Rousseau stops publication of potentially racist statements in a café
Flemish Association for Journalists responds to ban on quoting from report after incident with Rousseau: “We insist on a correction”
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