advertentieThe Public Prosecution Service has dropped the complaints from the Foundation Report Islamophobia and The March 30 Movement against journalist Wierd Duk. The complainants requested the Public Prosecution Service to prosecute the journalist for incitement to hatred, discrimination and violence, incitement, and simple insult, after he posted two messages on the social media platform X. According to the Public Prosecution Service, the statements are not punishable.
Duk posted a message on X in response to a clip from the talk show Humberto on November 8, 2024. In the clip shared on X, a member of the Liberal Jewish Community explains the events on the night of November 7 to 8, 2024, after the Ajax-Maccabi match from the perspective of the Jewish community. Duk wrote among other things: The Islamist 5th column is everywhere: from taxi drivers to refusing civil servants in ministries, from members of parliament to columnists at national newspapers. Earlier that day, he posted the message The 5th column of Muslim lawyers at work. This was a response to a post on X in which a lawyers call was shared to file a complaint against Maccabi supporters.
No Group Insult
Although the journalist refers to a group of people with the Islamist 5th column who he believes contribute to undermining from within from certain professional groups and social positions, the Public Prosecution Service believes it is not clear how these statements should be understood: as an attack on people because of their religion or as a warning against ideological influence. Political ideologies, such as Islamism, do not fall under the protected grounds of the discrimination articles. Because the statement can be interpreted in multiple ways, the Public Prosecution Service cannot prove group insult.
Complaint and Charge Missing
The Public Prosecution Service also believes that Duk did not commit incitement. In the first statement, the concrete punishable act to be incited is missing. Finally, the Public Prosecution Service also finds no simple insult. In the first statement, Duk addresses a group he describes as the Islamist 5th column. This is not a specific, limited, or identifiable group of people or organization. And in the second statement, he comments on lawyers with an Islamic background by citing a post from a single lawyer. To the extent that this statement could be classified as a simple insult of that particular lawyer, a complaint and charge must have been filed by that lawyer themselves; these are missing.
Both the complainants and the defendant have been informed of the Public Prosecution Services decision to drop the case. A complaint can be filed against the decision with the Court of Appeal in Amsterdam.