The book The mysterious disappearance of Willeke Dost by Marja West may be marketed this autumn without any modifications. Old acquaintances and relatives of the girl, who disappeared in 1992, had taken the author and her publisher Luitingh-Sijthoff to court because they did not want to be mentioned in the book with their names and place of residence. But today they backed down before the court in Amsterdam.
The book about one of the most famous cold case cases in the Netherlands should be released on October 3. Author West has approached the family members for cooperation in the book, but they do not want to hear about it. Through legal channels they tried to prevent their names from being mentioned in the book. The case was brought before the court by Anneke Mioch from Meppel, her daughter Geke Crediet, who is known as Willeke Dost’s former best friend, and three other family members.
Their counsel, the Meppel lawyer Henk Ruis, calls it ‘a gossip book’, even though he is not aware of the exact content. He is disappointed that West can go ahead after all. “Of course, two interests had to be weighed up. The judge eventually came to the conclusion that journalistic freedom outweighs the invasion of my clients’ privacy,” says Ruis.
Nevertheless, the lawyer sees that his clients have won a few points in court. “In that way, suspicions of incest will not be written about. That was also a completely insane accusation. And furthermore, the names of the two nieces are not mentioned in the book. Moreover, I notice that the judge expressly orders Mrs. West to work carefully So she is forewarned and cannot suddenly write what she wants.”
Hans Bousie, the publisher’s counsel, says that he has expected the outcome of this case. “You could have counted on your fingers that this would be the verdict. It was unlikely that a judge would ban a book from publication. We hoped to avoid this legal process, but if someone wants to go to court, you can not forbid.”
Bousie thinks it is important that the court has not set any conditions. “I used to be a journalist myself. I couldn’t imagine having to consult an authority before publishing an article. Every journalist would scoff. Making your own assessment is the essence of journalism. This is good for freedom of expression and freedom of the press.”
According to Ruis, the judge did interfere with the contents of the book in advance. “He is allowed to assess it, but sees insufficient reason to intervene. I think he has reached a very nuanced judgment, which I honestly cannot get a pin in. I also do not think that I will advise my clients to appeal or something like that.”
According to Ruis, it was a well-considered decision to go to court before publishing the book. “If you only start litigating afterwards, then it’s all already in the public eye. Especially if it’s on the internet, then it can’t be reversed. That’s why we’ve chosen to take this step now, with which you run the risk of claims being rejected.”
Bousie is waiting to see whether legal action will follow after the publication of the book. “If there is a problem afterwards, I will hear about it. We have always said that to the other party: wait until the book has been published and then see if there is anything in it that you do not like. But if you If you get a slap on the nose like today, you may not start summary proceedings again so quickly.”
In addition, Bousie believes that the procedure has backfired for the opposing party. “Now they have the full focus on them. And when the book is published, everyone will know that it is about those people who then initiated the procedure. I don’t think that is such a useful move.”