A private video call was screen recorded and posted in Netherlands
Intimate content from a video call you believed was private has been screen recorded and distributed online. The recording itself is illegal in many jurisdictions in addition to the distribution being NCII.
NL
jurisdiction
Article
primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Netherlands, this conduct is prosecuted under Article 139h Wetboek van Strafrecht. The civil erasure route runs through GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG and AP. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Most video calling apps do not notify participants when the other party screen records. FaceTime, Zoom, Google Meet, and Snapchat all permit silent recording.
Screen recording of intimate calls is frequently used as a control tactic by partners or as a prelude to sextortion. The recording itself may have occurred months before the distribution.
Legal framework in Netherlands
Wetboek van Strafrecht artikel 139h (misbruik seksueel beeldmateriaal). Up to 2 years imprisonment or fine of the fourth category.
The Netherlands enacted dedicated NCII criminalisation in 2020 covering possession, acquisition, and distribution of intimate imagery without consent. Helpwanted.nl is the national support service for online sexual abuse and operates a removal request workflow with major platforms.
Evidence to preserve
- The full call history showing the date, time, and other participant of every relevant call
- Full page screenshot of every URL where the recording appears
- Any messages from the other participant before, during, or after the call
- The application used for the call, which determines what server side records may be available
Do not: Do not delete the call history or block the perpetrator's number before evidence is preserved. The call records establish the underlying recording event.
Five step removal process
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1
Preserve all evidence first
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears.
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2
File the Article 139h Wetboek van Strafrecht criminal complaint
Report to local police or the national cybercrime unit. Helpwanted.nl can assist.
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3
Submit an erasure request under GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. AP accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Wetboek van Strafrecht artikel 139h (misbruik seksueel beeldmateriaal)
- GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG
- US TAKE IT DOWN Act for any covered platform
- State recording consent statutes which require all party consent in 12 states
- State NCII statutes covering the distribution of recorded intimate content
Frequently asked questions
Is screen recorded call a crime in Netherlands?
Yes. Wetboek van Strafrecht artikel 139h (misbruik seksueel beeldmateriaal) criminalises this conduct. Up to 2 years imprisonment or fine of the fourth category.
What evidence should a Netherlands victim of screen recorded call preserve?
The full call history showing the date, time, and other participant of every relevant call. Full page screenshot of every URL where the recording appears. Any messages from the other participant before, during, or after the call. The application used for the call, which determines what server side records may be available.
Does GDPR Article 17 (right to erasure) apply to this scenario?
Yes. GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG gives the victim a direct erasure right against any platform processing the imagery. AP enforces non compliance.
What support is available in Netherlands for screen recorded call?
Helpwanted.nl provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.helpwanted.nl.
Can a Netherlands victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Article 139h Wetboek van Strafrecht and GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG.
Remove every copy now
One scan. Coordinated removal under Article 139h Wetboek van Strafrecht, GDPR Article 17 (right to erasure) plus Uitvoeringswet AVG, and the TAKE IT DOWN Act.
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