The Public Prosecution Service (OM) will not prosecute Ongehoord Nederland for discrimination. In mid-2024, various complaints were received regarding a job vacancy from the broadcaster. Ongehoord Nederland was looking for a new editor-in-chief and wrote among other things: “You are a journalistic heavyweight (m/f, no x).” After careful legal consideration, the OM concludes that this is not punishable in this situation.
Ongehoord Nederland excludes non-binary people from the position with this text. This is discrimination based on gender. Although the OM understands that this can be hurtful, the OM must make a legal assessment.
According to the Penal Code, this form of discrimination is only punishable if it is done in the exercise of an office, profession, or business. Since Ongehoord Nederland is a broadcasting association, this is not the case here.
The employees of Ongehoord Nederland are not office holders. To legally speak of a profession or business, a profit motive is required. According to the OM, this is not the case, as the broadcaster is an association that focuses on providing public media services and not on making a profit. For that reason, the complaints have been dismissed.