The Financial Times unlawfully introduced an expert in an article in which entrepreneur Willem Blijdorp was accused of violating American sanctions rules. The business newspaper must correct it, like that the Amsterdam court decided on Wednesdayd in proceedings initiated by the businessman. A other disputed publication was lawful. It was about the confidential advice of Blijdorp’s advisors about risks in Iranian investments.
The quoted US sanctions expert stated the offending articlel that there is ‘clear evidence’ of violation of sanctions rules. He himself claims he was misquoted. According to FD, he says this because he was put under pressure by Blijdorp’s lawyer. The judge considers it “possible” that this expert did not want to risk liability after a lawyer’s letter, but this is “purely speculative”. FD was also unable to demonstrate that the expert had previously been certain.
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The lawsuit by multi-millionaire and entrepreneur Willem Blijdorp has a ‘chilling effect’ on journalists
‘Slapp suit’
The lawsuit was followed with care by the journalists’ union NVJ, which spoke of a Slapp suit (Strategic Lawsuit Against Public Participation). This includes lawsuits that wealthy parties initiate to intimidate the opposing party, often journalists, and incur costs. Blijdorp had requested that sources and journalists be interrogated.
The judge rejected that request, without sharing a principled decision about interrogating journalists. She does state that the claim for legal privilege would “presumably be successful” if it had come to a hearing. According to FD editor-in-chief Perry Feenstra, it is “important for journalism” that “it is stated that our right of non-disclosure is so strong that a witness hearing has little chance of success.” However, he is “gloomy” that “putting pressure on our source has actually been rewarded.” According to Blijdorp’s lawyer Christiaan Alberdingk Thijm, there was no question of putting pressure on the expert.
The judge rejected compensation for non-material damage claimed by Blijdorp. A damage assessment procedure follows to determine material damage, which Blijdorp must demonstrate.