The procedure to file a complaint is very accessible; the complainant just has to send his complaint in writing to the office of the Council for Journalism (the Council). No charge is made. Legal representation is permitted, not compulsory. After a complaint is received the journalist or chief-editor involved will be asked to respond on the complaint in writing within three weeks. Then in most cases a public hearing will be arranged.
However, not everyone may complain. In principle only they, who are to be considered as directly involved in a case of journalistic (mal)practice, can complain. Furthermore, publications occasionally compromise collective interests rather than an individual interest. In that case, institutions for which defending the collective interest concerned is enshrined in their articles of association, are authorised to file a complaint. It will then be up to the Council’s discretion to evaluate whether the institution lodging the complaint is admissible.
According to the regulations of the complaint procedure a complainant is obliged to send his complaint to the media outlet (i.e. preferably the editor-in-chief) first within three months after the publication/journalistic conduct. Further the regulations state that the media outlet has a maximum period of one month to settle the matter. When no settlement is reached the complainant may file the complaint to the Council within six months after the publication/journalistic conduct. In case a complainant files the complaint too late, the Council only will deal with the matter in the exceptional circumstance that the exceeding of the term reasonably cannot be hold against the complainant.
Since 2024, the Council has not considered complaints from complainants who (intend to) initiate, have already initiated or do not rule out the possibility of initiating legal proceedings in relation to the same journalistic conduct. By submitting a complaint, the complainant agrees to this condition.
The Council is convinced that the best way of dealing with the complaints is to hear both parties, if possible. However, parties are not obliged to appear. In practice it occurs that both parties attend the hearing, that only the complainant or the journalist is present, or that both parties are absent. During the hearing both parties may explain their points of view. Further the hearing gives the Council the opportunity to ask questions and to explain the standards of journalistic ethics and the circumstances in which these standards must be realised.
The Council deals with a maximum of three cases orally, possibly supplemented by a number of written cases, per session. At its sessions the chamber of the Council consists in principle of five members: a chairman, 2 journalist members and 2 non-journalist members (1 expert and 1 public member). If one of the members is suddenly unable to attend, the Council may deal with a case with four members if the parties present approve.
After a session the Council considers the cases behind closed doors. A definite decision will be sent to both parties within eight weeks after the hearing. In its decision the Council asks the journalist or mass medium in question to publish the decision.
Please note that these are not the full regulations of our complaint procedure, these are available here (in Dutch). For more information and questions contact our secretariat: raad@rvdj.nl