Minister plans to withdraw recognition of Ongehoord Nederland

Minister Letschert is today initiating the procedure to withdraw the recognition of Ongehoord Nederland (ON!). She has just announced this to ON! itself and to the House of Representatives.

Minister Letschert: “There are clear rules for broadcasters who wish to produce programmes using taxpayers” money. And if you consistently fail to comply with them, there has to be a limit. It is not an easy decision, but I can only conclude that Ongehoord Nederland is no longer complying with the legal requirements for public service broadcasting. That is why I am today initiating the procedure to withdraw their licence. My decision concerns an organisation that is not functioning properly; it has nothing to do with the views or the people that organisation represents.”

Offences

Media legislation in the Netherlands is very strict when it comes to protecting the media from government interference. The government is not permitted to interfere with journalistic content. The law sets out very precisely when the Minister may, or indeed must, intervene. In this case, there are three reasons, each of which could, on its own, constitute grounds for withdrawing recognition:

• As an independent regulator of broadcasters, the Media Authority has concluded that Ongehoord Nederland is systematically failing to comply with legislation and regulations, to spend public funds lawfully, and to meet journalistic quality standards. ON! no longer meets the requirements for sound organisation, management and control of business processes. Following such a severe assessment, the Minister is required under the Media Act to withdraw a broadcaster’s licence.
• The Dutch Public Broadcasting Service (NPO) has asked the Minister to intervene regarding ON!, as they believe ON! is failing to demonstrate sufficient willingness to cooperate and that this lack of cooperation is manifest and systematic. One of the reasons for this is the systematic breach of the Journalistic Code. If the NPO requests intervention, the Minister has the power to do so under the Media Act.
• The Media Commission has imposed two sanctions within a single year. These consist of a fine for a conflict of interest and failure to comply with the editorial charter, and an order subject to a penalty payment, because ON! failed to provide full information regarding its financial records. Under the law, two such sanctions within a single year mean that the Minister may proceed to revoke the broadcaster’s licence.

Proposed decision

Minister Letschert is launching the procedure today. She informed ON! itself and the House of Representatives of this earlier today. The next step is that a written draft decision will shortly be sent to ON!. After hearing both sides of the argument, the Minister will make a final decision. Once this decision has been made, ON! may lodge an objection or appeal with the court.