What does a lawyer cost in a defamation or slander case?

The costs depend on the route and on how complex the case is. Cease-and-desist letter: €500 to €1,500 in legal fees, with no court registry fee or bailiff. A result is often possible within one to two weeks. Interim injunction proceedings: €5,000 to €20,000 in legal fees excluding VAT, plus a court registry fee of €341 for an individual or €735 for a legal entity (more if you also claim a sum of money) and €100 to €200 in bailiff’s fees. The hearing is usually held within two to six weeks, with judgment generally two weeks later. Proceedings on the merits: €15,000 to €40,000 or more in legal fees, plus a court registry fee of €93 to €2,803 for an individual or €139 to €10,487 for a legal entity, depending on the claim. Expect six to eighteen months. The losing party pays part of the winner’s costs, usually 30 to 50% of the actual costs. Losing interim injunction proceedings usually means paying €1,000 to €3,000 to the other party on top of your own costs. Beyond that, the amount depends mainly on the number of posts and parties and on whether there is a hearing.

How long does a defamation or slander case take?

That depends on the procedure you start. Interim injunction proceedings: the hearing is usually held within two to six weeks and judgment generally follows within two weeks after that. Fast, in other words, and therefore suitable for urgent situations, for example where a further article is about to appear or where damaging content is spreading at speed. Proceedings on the merits: these take longer, on average 6 to 18 months. Here you get a more extensive assessment of all the facts and circumstances. Where the case is urgent, interim injunction proceedings are usually the best place to start. That gives you a first decision quickly. You can always bring proceedings on the merits afterwards for a definitive ruling.

Can I report defamation or slander anonymously?

As a rule, no. A report of defamation or slander becomes part of the criminal file, so the suspect will know who made the complaint. The police only take a report under a number, without your name and address, if there is good reason to fear the consequences of your identity becoming known. They do so very sparingly. You make the complaint yourself or have someone with a special written power of attorney make it for you (Article 164 of the Dutch Code of Criminal Procedure). This must be done within three months of learning of the statement (Article 66 of the Dutch Criminal Code).

When do defamation and slander become time-barred?

That depends on whether you choose the criminal or the civil route. For a prosecution you must also file a formal complaint within three months of learning of the statement (Articles 66 and 269 of the Dutch Criminal Code). Criminal law: Slander: 6 years after the offence Defamation: 6 years after the offence Civil law: 5 years after you become aware of both the harm and who is liable for it (Article 3:310 of the Dutch Civil Code) An absolute period of 20 years after the unlawful act itself also applies That sounds like a long time, but do not wait too long before taking action. Gathering evidence becomes increasingly difficult as time passes. Posts are deleted, accounts closed, screenshots go missing. The sooner you step in, the stronger your position.

What is the difference between defamation and slander in practice?

The difference lies in what the perpetrator knows. Defamation (Article 261 of the Dutch Criminal Code) is the intentional spreading of an allegation that damages someone’s honour or reputation. The allegation may be true, but you make it public with the evident aim of spreading it. For example: you tell an industry group that a competitor does not pay its suppliers. Even if that is true, it can amount to defamation if you do it to spread the story. Slander (Article 262 of the Dutch Criminal Code) goes a step further: here the perpetrator knows the allegation is untrue. You knowingly spread a lie about someone. This carries a heavier penalty than defamation. Insult (Article 266 of the Dutch Criminal Code) is the least serious variant: a statement that is hurtful without any specific allegation being made. Think of abuse or crude remarks. In practice these concepts often run into one another. Which of them weighs most heavily in legal terms depends on the circumstances. Defamation carries a maximum of six months in prison, or one year if it is done in writing. Slander can lead to two years and insult to three months.

Can I take action if a competitor tells my clients something untrue about my business?

Yes. An untrue allegation made to clients can be an unlawful act (Article 6:162 of the Dutch Civil Code), even if it was never published. You can demand that the competitor corrects the statement with those clients and stops making it. You can also claim the loss you can prove, such as an order that fell through. A criminal complaint of defamation requires more: the evident aim of spreading the allegation (Article 261 of the Dutch Criminal Code).

How quickly must I act in a defamation or slander case?

As quickly as possible. With defamation or slander online, every day counts. Why speed matters: Evidence can disappear : posts are deleted, accounts closed, screenshots go missing. The sooner you secure your evidence, the stronger your position. Content spreads fast : a post can go viral within hours. Every day that damaging content stays online increases the harm. Interim injunction proceedings require urgency : for interim injunction proceedings you have to show that the matter is urgent. Wait too long and that argument falls away. Limitation periods : civil claims are subject to a limitation period of five years. For criminal offences such as defamation and slander it is six years. To have defamation or slander prosecuted, you must file a formal complaint within three months of learning of the statement (Articles 66 and 269 of the Dutch Criminal Code). That sounds like a long time, but gathering evidence becomes increasingly difficult as time passes. Steps to take straight away: Take screenshots showing the date, time and URL Keep all communications about the matter Do not respond publicly, as this can weaken your legal position

Why should I engage a lawyer in a defamation or slander case?

A lawyer assesses whether there is actually defamation or slander in legal terms. That is by no means always the case. A lawyer also knows which route (civil or criminal) is most effective in your situation and can take action straight away where that is needed. In urgent matters, for instance where a further publication is looming, a lawyer can start interim injunction proceedings within days.

Tackling defamation and slander against your business or your name

Defamation and slander are criminal offences in the Netherlands (Articles 261 and 262 of the Dutch Criminal Code) and also unlawful acts, so besides reporting them to the police you can ask the civil courts to order removal, a rectification and damages.

Liaise acts for businesses, organisations and public figures about whom something untrue or damaging is circulating.

Reporting the matter to the police achieves something different from civil proceedings. If you want the post removed, a rectification published or your loss compensated, the civil courts are the obvious route. Prosecution of the perpetrator requires a criminal complaint.

The difference between defamation, slander and insult

Under Dutch criminal law, smaad (criminal defamation, Article 261 of the Dutch Criminal Code) requires four elements:

an allegation of a particular fact, such as fraud or failing to pay suppliers;
intent on the part of whoever makes the allegation;
damage to someone’s honour or reputation;
the evident aim of making the allegation public.

Laster (slander) is criminal defamation by someone who knows the allegation is untrue (Article 262). The difference therefore lies in that knowledge, not in whether the allegation is true. Belediging, the Dutch criminal offence of insult, which has no direct equivalent in English law (Article 266), involves no specific allegation, as with abuse or a humiliating remark. If you want to take action, the first element matters most, because you can bring evidence against a specific allegation and much less against abuse.

Even something that really happened is not free for anyone to write about. The definition of defamation says nothing about whether the allegation is true. Defamation is not punishable only where it was committed in necessary self-defence, or where the perpetrator could assume in good faith that the allegation was true and that the public interest required it (Article 261(3)).

Why businesses and public figures usually go to the civil courts

Reporting defamation or slander to the police costs nothing, but it gives you little control. Both are complaint offences. The Public Prosecution Service can only prosecute if you file a complaint within three months of learning of the statement. Such a complaint is a report combined with a request to prosecute (Articles 66 and 269 of the Dutch Criminal Code, Article 164 of the Dutch Code of Criminal Procedure). The complaint becomes part of the file, so the suspect will learn who brought it. The Public Prosecution Service then decides whether to prosecute, at its own pace.

Criminal proceedings will not get the post taken offline. You can only claim compensation in them by joining the proceedings as an injured party (Article 51f of the Dutch Code of Criminal Procedure).

In the civil courts you set the pace and decide what to claim. There, defamation and slander are an unlawful act (Article 6:162 of the Dutch Civil Code). You do not have to prove intent. A business can also rely on its good name (Article 8 ECHR). Reputational harm explains how the courts have applied this to companies.

You can demand removal, damages, a rectification (Article 6:167 of the Dutch Civil Code) and an injunction to restrain publication against any repetition. Most clients choose the civil route. Sometimes we combine it with a criminal complaint.

Merel Teunissen - Defamation and slander lawyer

Defamation and slander lawyer in Amsterdam

Liaise acts for businesses, cultural organisations, creators and public figures in cases of defamation and slander and other statements that damage a good name. We start with the question whether this is legally defamation or slander, or whether the statement still falls within freedom of expression. That line is rarely sharp.

We then choose the route together. Sometimes a firm cease-and-desist letter is enough, sometimes interim injunction proceedings are needed. We tell you in advance what proceedings will cost and how likely the court is to grant your claim. If the allegation comes from a newspaper or a broadcast, read what to do when your business is accused in the media.

If the matter is a private one, for example with a former partner or neighbours, the Juridisch Loket, the Dutch legal aid desk, can give you initial advice (in Dutch).

Is something untrue circulating about your business or your name? Call 020 675 88 21 or get in touch.

Defamation or slander by a competitor, former employee or former business partner

An allegation about a business does not always come from a journalist. A competitor, a former employee or a former business partner can also tell clients or funders something untrue or post it online.

Such a statement does not have to be public to be unlawful. For criminal defamation, the evident aim must be to spread the allegation. In civil law, an untrue allegation made to a handful of clients can already be unlawful.

A fabricated review on Google can also amount to slander, if the writer accuses someone of something specific and knows it is untrue. How to remove fake reviews explains how to get such a review taken down.

With an anonymous account, report the posts to the platform first. If the platform will not hand over the account holder’s details, the court can order it to. Among other things, it must be plausible that the posts are unlawful and that there is no less intrusive way of identifying the sender (Dutch Supreme Court, Lycos/Pessers, ECLI:NL:HR:2005:AU4019, in Dutch).

You will run into a competitor or former business partner again in the industry. A cease-and-desist letter can therefore go hand in hand with a proposal to settle without going to court, for example with a rectification whose wording you agree together.

A juice channel must be able to back up an allegation about a public figure too

Juice channels and gossip accounts are bound by the same rules as a newspaper. After interim injunction proceedings, a vlogger with hundreds of thousands of followers had to remove her video about the widow of a well-known Dutch folk singer and publish a rectification, because the allegations were untrue, the tone was needlessly hurtful and there was no legitimate interest in publication. Liaise acted for the widow.

Read how the case against the juice channel went (in Dutch) →

The court also looks at the other side. A woman was allowed to keep talking on TikTok about her relationship with a singer, as the court rejected all his claims in interim injunction proceedings (the TikTok case). The court leaves a lot of room for someone telling their own story. If you want to take action as a public figure, first work out which statements genuinely lack a factual basis and focus on those alone.

If images of you are circulating too, image rights come into play. Well-known people in the news and gossip media explains what the court looks at.

What you need to prove in a defamation or slander case

For civil proceedings, record five things:

exactly which statement was made, word for word;
where and when, with the link, the date and the sender;
who made or spread the statement;
why the statement is untrue or lacks a factual basis;
what loss you are suffering, such as cancelled commissions or clients who walk away.

Take screenshots showing the date, time and sender and keep the links, emails and messages. Do it straight away. A post can be deleted or altered before you have recorded it.

For a criminal complaint, intent comes on top. With slander it must be shown that the other party knew the allegation was untrue; the Public Prosecution Service gathers that evidence, not you.

The other party has to be able to substantiate a factual allegation. For an opinion the bar is lower, because freedom of expression (Article 10 ECHR) leaves more room there. Statement of fact or value judgment explains how the court draws that line.

Cease-and-desist letter and interim injunction in a defamation case

In a cease-and-desist letter you set out which statements you regard as defamation or slander and why. You then state your demands, such as removal, a rectification, an injunction to restrain publication against any repetition and damages, with a short deadline.

If the other party does not comply, interim injunction proceedings are the fast route. The court usually rules within a few weeks.

Interim injunction proceedings soon cost €5,000 to €20,000 in legal fees, excluding VAT. If you win, the other party pays part of your costs, usually a few thousand euros, because these proceedings never come with full reimbursement of your legal fees. Losing means paying a similar amount to the other party.

What damages you can claim for a damaged reputation

You prove material loss through concrete consequences: commissions withdrawn, clients who terminated, leads that fell through after the posts. The cost of repairing your reputation can count too. The more specifically you substantiate it, the stronger the claim.

The court can also award compensation for the damage to your honour or reputation itself, even without financial loss. This is non-material loss (Article 6:106 of the Dutch Civil Code). Dutch courts award modest amounts, rarely more than a few thousand euros. For a business, the claim therefore lies mainly in material loss. Reputational harm explains how to substantiate it.

Accused of defamation or slander yourself?

If you receive a cease-and-desist letter over something you said or wrote about someone else, do not sign a rectification or an undertaking to refrain until you know what you are committing to. There is no defamation where you acted in necessary self-defence, or where you could assume in good faith that the allegation was true and that the public interest required it (Article 261(3)). In civil proceedings the court takes your freedom of expression into account. Freedom of expression explains what to do when you receive a cease-and-desist letter.

If criminal proceedings are brought against you, instruct a criminal defence lawyer.

If you work for an editorial team and want to know before publication whether a piece crosses the line, read about pre-publication legal review.

Practice areas

Frequently asked questions about defamation and slander

The costs depend on the route and on how complex the case is.
- Cease-and-desist letter: €500 to €1,500 in legal fees, with no court registry fee or bailiff. A result is often possible within one to two weeks.
- Interim injunction proceedings: €5,000 to €20,000 in legal fees excluding VAT, plus a court registry fee of €341 for an individual or €735 for a legal entity (more if you also claim a sum of money) and €100 to €200 in bailiff’s fees. The hearing is usually held within two to six weeks, with judgment generally two weeks later.
- Proceedings on the merits: €15,000 to €40,000 or more in legal fees, plus a court registry fee of €93 to €2,803 for an individual or €139 to €10,487 for a legal entity, depending on the claim. Expect six to eighteen months.
The losing party pays part of the winner’s costs, usually 30 to 50% of the actual costs. Losing interim injunction proceedings usually means paying €1,000 to €3,000 to the other party on top of your own costs. Beyond that, the amount depends mainly on the number of posts and parties and on whether there is a hearing.
That depends on the procedure you start.

Interim injunction proceedings: the hearing is usually held within two to six weeks and judgment generally follows within two weeks after that. Fast, in other words, and therefore suitable for urgent situations, for example where a further article is about to appear or where damaging content is spreading at speed.

Proceedings on the merits: these take longer, on average 6 to 18 months. Here you get a more extensive assessment of all the facts and circumstances.

Where the case is urgent, interim injunction proceedings are usually the best place to start. That gives you a first decision quickly. You can always bring proceedings on the merits afterwards for a definitive ruling.
As a rule, no. A report of defamation or slander becomes part of the criminal file, so the suspect will know who made the complaint. The police only take a report under a number, without your name and address, if there is good reason to fear the consequences of your identity becoming known. They do so very sparingly. You make the complaint yourself or have someone with a special written power of attorney make it for you (Article 164 of the Dutch Code of Criminal Procedure). This must be done within three months of learning of the statement (Article 66 of the Dutch Criminal Code).
That depends on whether you choose the criminal or the civil route. For a prosecution you must also file a formal complaint within three months of learning of the statement (Articles 66 and 269 of the Dutch Criminal Code).

Criminal law:
- Slander: 6 years after the offence
- Defamation: 6 years after the offence
Civil law:
- 5 years after you become aware of both the harm and who is liable for it (Article 3:310 of the Dutch Civil Code)
- An absolute period of 20 years after the unlawful act itself also applies
That sounds like a long time, but do not wait too long before taking action. Gathering evidence becomes increasingly difficult as time passes. Posts are deleted, accounts closed, screenshots go missing. The sooner you step in, the stronger your position.
The difference lies in what the perpetrator knows.

Defamation (Article 261 of the Dutch Criminal Code) is the intentional spreading of an allegation that damages someone’s honour or reputation. The allegation may be true, but you make it public with the evident aim of spreading it. For example: you tell an industry group that a competitor does not pay its suppliers. Even if that is true, it can amount to defamation if you do it to spread the story.

Slander (Article 262 of the Dutch Criminal Code) goes a step further: here the perpetrator knows the allegation is untrue. You knowingly spread a lie about someone. This carries a heavier penalty than defamation.

Insult (Article 266 of the Dutch Criminal Code) is the least serious variant: a statement that is hurtful without any specific allegation being made. Think of abuse or crude remarks.

In practice these concepts often run into one another. Which of them weighs most heavily in legal terms depends on the circumstances. Defamation carries a maximum of six months in prison, or one year if it is done in writing. Slander can lead to two years and insult to three months.
Yes. An untrue allegation made to clients can be an unlawful act (Article 6:162 of the Dutch Civil Code), even if it was never published. You can demand that the competitor corrects the statement with those clients and stops making it. You can also claim the loss you can prove, such as an order that fell through. A criminal complaint of defamation requires more: the evident aim of spreading the allegation (Article 261 of the Dutch Criminal Code).
As quickly as possible. With defamation or slander online, every day counts.

Why speed matters:
1. Evidence can disappear: posts are deleted, accounts closed, screenshots go missing. The sooner you secure your evidence, the stronger your position.
2. Content spreads fast: a post can go viral within hours. Every day that damaging content stays online increases the harm.
3. Interim injunction proceedings require urgency: for interim injunction proceedings you have to show that the matter is urgent. Wait too long and that argument falls away.
4. Limitation periods: civil claims are subject to a limitation period of five years. For criminal offences such as defamation and slander it is six years. To have defamation or slander prosecuted, you must file a formal complaint within three months of learning of the statement (Articles 66 and 269 of the Dutch Criminal Code). That sounds like a long time, but gathering evidence becomes increasingly difficult as time passes.
Steps to take straight away:
1. Take screenshots showing the date, time and URL
2. Keep all communications about the matter
3. Do not respond publicly, as this can weaken your legal position
A lawyer assesses whether there is actually defamation or slander in legal terms. That is by no means always the case. A lawyer also knows which route (civil or criminal) is most effective in your situation and can take action straight away where that is needed. In urgent matters, for instance where a further publication is looming, a lawyer can start interim injunction proceedings within days.

Merel Teunissen

Lawyer

Merel advises and litigates in the fields of media law, film law, copyright, privacy law, contract law and intellectual property law. She acts for established and emerging media personalities, producers in film, television and podcasts, victims of unlawful publications and creative entrepreneurs.

Jaap Versteeg

Lawyer

Jaap acts extensively for clients in the creative industries, including music, television/streaming/film, events, theatre, art and culture. He advises and litigates in the fields of intellectual property law, music law, unlawful publications, contract law and employment law.