Press release: Judge orders Indymedia NL to remove links to Radikal mirrors

Amsterdam, 20 june 2002 - The court case, initiated by Deutsche Bahn (German Rail, DB) against Indymedia NL, has turned out negative for the latter organisation.

Indymedia NL regrets the facts that the judge in the verdict does notelaborate on which kinds of links are permissible and which are not. This ruling will therefore have severe consequences for every person or organisation that has placed links on the Internet. Due to the structure of Internet, it is possible to reach any website on the internet, by way of combinations of links and indirect links.

Deutsche Bahn insisted a couple of weeks ago that Indymedia NL should remove a number of indirect links of mirrors of the website of the periodical Radikal. Through the linked start page, numerous articles are available, including two articles concerning ways of blocking nuclear transports. These two articles have been ruled illegal in the Netherlands by the same judge on April 25th 2002. Indymedia NL refused to adhere to the demand.

In the verdict of June 20th, the judge has ordered to remove the hyperlinks and to keep them removed, in as far as these hyperlinks lead to the Radikal articles, either directly or indirectly and notwithstanding whether these hyperlinks were placed by visitors. If Indymedia NL does not comply with this order, a penal sum of 5,000 Euros per day can be imposed. The judge ordered that, like an Internet Service Provider but just as much like the editors of a newspaper, Indymedia NL is, in principle, responsible for the content that has been published with its help.

The verdict is surprising, since Indymedia NL does not link directly to illegal articles. Until now, only direct links to illegal material were forbidden in the Netherlands. Out of this verdict however, it follows that indirect links to illegal material are also forbidden, because Indymedia NL´s links only point to copies of the front page of the German periodical Radikal. It takes more clicks to reach the illegal articles.

Indymedia NL considers the ruling a dramatic limitation of the possibilities of the Internet and the freedom of speech. Indymedia NL will probably try to appeal this decision out of principal considerations.

For more information visit IMC Netherlands or e-mail.