For Bo Salomons it takes a while. A week ago he receives a letter of summary in which he is prospected to him because of the article ‘The exclusion of GL/PvdA’ that he placed breakthrough on the left -wing weblog earlier this month.
In the article he draws attention to a tweet by Mark Smits-the VVD party leader of the Provincial States Gelderland. He calls Frans Timmermans “the biggest ruin in the Netherlands” and writes: “Extreme left has a face. As far as I’m concerned, the VVD should never, but never, work with GL/PvdA.”
The VVD member responds with the tweet to a message from the left party leader about “the standstill in the Netherlands after decades of right policy”. According to Timmermans, children grow up in bad houses, young people live with their parents for longer and seniors cannot find a suitable apartment.
Salomons uses the Tweet van Smits as a reason for a broader story in which he signals a campaign of right-wing parties against GroenLinks-PvdA on the basis of various examples and expresses the fear that a cordon sanitary around the left party will be erected. The article is accompanied by a photo of VVD party chairman Smits with the caption: “Extreme right has a face.”
Intimidating
A week and a half later, Salomons and Weblog break through a summons. By registered mail, on behalf of Smits, the article will be removed within five days because there is an unlawful publication and damage to the honor and good name of the VVD party chairman. Smit also demands 7,500 euros immaterial compensation.
Do not take off breakdown.eu and Salomons to remove, then a legal procedure will be started on behalf of Smits, in which, in addition to rectification and removal, higher compensation and the full reimbursement of the costs of the proceedings are claimed. The letter, that NRC has seen, has been printed on the business stationery of Smits Legal Company Lawyers: the collection and consultancy firm of Smits itself. He was written by one of Smits’ employees.
“In the beginning you are shocked,” says Salomons by telephone. “But I specialize in freedom of expression and soon saw that this was actually a kind of slapp case.” Salomons, who works at the FNV in daily life, refers to Strategic Lawsuits Against Publication: Legal cases that are started by wealthy private parties to silence critical journalists and activists.
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Such a case can have an intimidating effect, says Salomons, even if you are legally right. “You still need a lawyer to defend yourself and you have to spend a lot of time in it. Even if you win the lawsuit, a costs of the proceedings that the court imposes, does not cover the actual costs of a lawyer.”
Movie
Salomons and Breakthrough let the SomatieDeadline on Monday. They did, however, adjust the photo of Smits with the article. With the original piece there was one shutdown From a video of Smits and his collection agency and according to the VVD member, that image is protected by copyright. Because Baak and Salomons were not sure if they had the legal right to use the image, it was replaced by an image of Smits at the Provincial States.
He finds that Smits asked for the full removal of the article and compensation of 7,500 euros unhappy in retrospect
In conversation with NRC Says the VVD party leader that he wants to “absolutely not” blend journalists. “I didn’t mind what was written.” According to Smits it was only him to do the image. That came from a video of his collection agency for which he had paid. “That photo is used for business and was now placed in right-wing extremist daylight. I objected to that.”
However, he finds the fact that Smits also asked for the full removal of the article and compensation of 7,500 euros in retrospect. “I might have been sharper on that.”
After Salomons and Baak the threatening letter from Smits on Tuesday via a new article Known, says Smits himself being threatened. For example, he received unwanted phone calls and would have stood in front of his house – according to his camera doorbell. The party leader says he has been awake all night of the issue and points out that his family also suffers.
The VVD member has left because of the situation X (the former Twitter) and says that breakthrough and Salomons no longer have to expect legal actions from him. “I would like to put a line under it.”