AVROTROS does not have to show two confidential investigation reports on, among other things, the socially safe working culture to the Commissariaat voor de Media (CvdM). That is what the court in Utrecht ruled on Monday. The broadcaster had filed a lawsuit “to protect the employees.”
AVROTROS had agreed with its employees that the reports would not fall into other hands. “We think it is important to keep that agreement. If we hand it over, we have no control over where it might end up,” a spokesperson previously told NU.nl.
The CvdM believes that access to the reports is necessary for the assessment of the plan that AVROTROS has drawn up in response to the findings of the Van Rijn committee. In February 2024, the committee presented a report showing that cross-border behavior is widespread at the national public broadcaster. Broadcasters implemented improvements within the organization.
The CvdM stated that without the two AVROTROS reports it would be “empty-handed.” As a result, “possible risks with regard to social security could continue to exist.” The Commissariat would not be able to supervise without the reports.
The judge disagrees: AVROTROS has a concrete plan of action and therefore it is not necessary to view the results further. In addition, according to the judge, clear agreements have been made about sharing the results. AVROTROS does not have to deviate from this. The broadcaster does not have to pay the CvdM a penalty.
AVROTROS happy with ruling
“We are pleased that the judge has ruled in our favor with this preliminary injunction and that the promised confidentiality of the discussions with employees is guaranteed,” an AVROTROS spokesperson told NU.nl. “Social safety is very important to us and we remain open to consultation with the Commissariat.”
The judge did not answer the question of whether the CvdM is even authorized to view the reports. That question must be answered in a complaints procedure that is currently pending with the media watchdog.