Movies of abuse and threatening messages among young people spread through Heemskerk and Beverwijk so quickly last week that schools remained closed for safety for safety. Eight young men have since been arrested, two of which are due to incitement. To what extent are you punishable if you forward violent or imminent images and messages?
Quarrel and violence between groups of young people is as old as the road to Rome. But now that everyone has a smartphone, with a camera and social media, a small fight canfaster and further escalate Then in the past. That happened last week A fight between groups in Beverwijk and Heemskerk on the one hand, and Haarlem on the other.
There were images of abuse and humiliations, but also of threats or intimidations, such as the photo -shoped video in which a fake bomb exploded at one of the schools. They were pumped around and made en masse on social media as Snapchat Within a few hours for great unrest among children and parents. The schools remainedEven closed the day after.
‘False Informatie ‘
There are now two men from far above high school age (23 and 24) for violence and robberyThat such things are punishable is clear.
But Thursday comes A Heemskerker (20) For the police judge for ‘incitement and distributing false information’. Upruiing means: encouraging others to do something that is not allowed. A minor was also arrested for that last week. What about that and can that happen to anyone who sends those videos?
“Distributing false information is not punishable in itself,” says Ben Polman about the first part of the allegations. He was a lawyer for eight years and now a lecturer-researcher criminal law at the VU University of Amsterdam. “If I tell a strong story in the pub, I will not be picked up immediately.”
But inquiring with the police shows that the false information in the case of the Heemskerker “was part of a threat.” That changes the case, says Polman. For example, that the bomb in high school in the mentioned video is clearly fake is not relevant.
Polman: “It’s not about the quality of the images, it’s about being intimidated or threatening. That is punishable.”
Punishable? Depends on your intention
But what if you as an outsider get that video and forward, as happened en masse? And so unintentionally contributes to the escalation of the problem? Are you punishable then? “Even then it all depends on the intention of the person who sends it,” explains Marloes van Noorloos, professor of punishment (process) law at Leiden University. “And what you add.”
Van Noorloos: “If you send such a video and add: now we are going to take revenge on Haarlemmers or Beverwijkers, then that can be incitement. But it doesn’t seem to me to be the intention to pick up every teenager who sent a message last week.” According to former lawyer Polman, that will not happen so quickly: “The OM does not have that capacity.”
Watch out for defamation, slander and ‘doxing’
Yet the carelessly forwarding of shocking images and texts is no no risk for anyone, both Van Noorloos and Polman say. Even if you have nothing to do with it, or you don’t send it by stealing others.
In addition to defamation or defamation, or affecting someone’s good name, ‘Doxing’ has been punishable for a year and a half. That is sharing someone’s private data to scare the person.
According to Van Noorloos, that is not only about telephone numbers and addresses. “It can also be about someone as a victim recognizable.” But how far judges go in that, according to the professor, it is not easy to estimate, because there have not been many doxing cases yet.
Former lawyer Polman still has a general comment for young people, who sometimes seem to think that convictions will not stick to them. “That is not true. As a minor you get a less severe punishment than as an adult, but you can always continue to chase a note.”