A flyer from a group of Concerned Citizens

In November 2020 many Dutch received a flyer from an action group called 'Bezorgde Burgers' (Concerned Citizens). At first glance the flyer contained innocent quotes from Albert Einstein and Benjamin Franklin. This soon changes when it is claimed that corona can be treated perfectly with supplements and medicines. Also, face masks would be bad for your health and lockdowns would cause a decrease in resistance.

The anti-corona flyer was not well received by the complainant. He therefore filed a complaint with the Advertising Code Committee (ACC). According to him the flyer poses an unacceptable risk to public health as doubt is cast on the necessity and effectiveness of the corona measures.

Although it concerns advertising for an idea, the ACC tests for deception and considers a number of statements contrary to the truth. The action group should have made its statements plausible. Because it concerns advertising for an idea (namely protest against the current corona policy of the government), the Committee did not make a 'recommendation' as is usual for commercial advertising, but (only) advised the action group not to advertise in this way anymore.

The Board of Appeal (BoA) found that the explanatory notes to the complant had never been sent to the defendant, which means that the principle of hearing both sides of the argument had been violated. The BoA therefore referred the complaint back to the ACC.

After a referral back, the ACC looked at it differently. The flyer falls under the freedom of expression. The ACC therefore exercised restraint. The brochure is not such a threat to public health or the rights of others that the limit of the freedom of expression is exceeded. The complaint is therefore rejected as far as the contents of the flyer are concerned.

Thijs Rutenfrans, student intern