Pitane Image

The imposition of the 'online area ban' has been under a magnifying glass for some time.

According to the court, Utrecht mayor Sharon Dijksma (PvdA) was not allowed to prohibit a 17-year-old boy from Zeist in 2021 from calling on an open discussion group on Telegram to revolt against the 2G policy and the fireworks ban. Mayors do not have the authority to prohibit inflammatory statements on social media, the administrative court ruled on Friday.

In a letter to the city council, Dijksma said on Friday that he was disappointed in the decision and is considering appealing. The court is of the opinion that the decision is not lawful, because freedom of expression has been restricted with the order subject to periodic penalty payments. The APV, on the basis of which the burden has been imposed, offers no possibilities for this. In addition, the court is of the opinion that the APV provision only concerns behavior in public space and not online trading. Revolting online is allowed according to the judge, who corrects mayor Sharon Dijksma of Utrecht with that ruling. 

digitally

Sharon Dijksma is disappointed and writes that a large part of life takes place in a digital world. “What happens in the digital world has found direct in the physical world”. We have already seen this several times in cities where riots actually took place after a digital call. According to Dijksma, the current laws and regulations are insufficiently applicable in the online world.

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Sharon Dijksma
Mayor Sharon Dijksma

The problem of disturbances that start online and are fueled is real and is also shared by other mayors. Many struggle with the room for maneuver they have in this area. That is why Dijksma will study the ruling and is considering whether to appeal. The mayor adds that she naturally respects the verdict and until then, if such an incident occurs again, will not use this remedy for the time being.

facts

According to Dijksma, the boy called online to disrupt public order. The mayor saw this as a violation of the Utrecht General Local Ordinance (APV). She therefore imposed a penalty of 2.500 euros. He had to pay this if he again placed a call to disrupt public order. The boy did not agree with the penalty imposed and went to the administrative court. He has now proved him right. The mayors of Amsterdam, Haarlem and Almelo have also used the drug in the past two years in an attempt to keep order and to silence agitators.

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