The Court in Almelo gave judgment on a claim by a company stating that a person made false statements on her blogs and her Twitter account. The statements suggest that the company can be linked to pornographic activities. Furthermore, the defendant accuses the company of fraud. The company is of the opinion that the defendant’s accusations are unfounded and damaging for the company’s reputation and its director. The company claimed that the defendant should remove all remarks and publications and also place rectifications.
The Court agreed with the claimant since all accusations were unfounded by the defendant and although the defendant claimed that the remarks had been removed, they were still available online. The defendant should also remove the (meta) tags on her blogs. Meta tags make it possible to provide certain information about a website. By linking the name of the company via tags to the negative remarks on her blogs, the defendant acts unlawfully.
The most interesting part of this case is the fact that the Court does not only order the defendant to place a certain rectification text on her blogs, but also orders her to do so on her Twitter-account. The Court did however not take into account that a tweet is limited to a maximum of 140 characters and that it will therefore not be possible to place the rectification in one single tweet. (FVDJ)
This case can be found on http://zoeken.rechtspraak.nl, LJN = BW3330.