Judgment by the district court of The Hague
The district court of The Hague rules that the city of The Hague has the authority to impose a ban on high-carbon advertisements in public spaces.
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Fossil fuel advertising is everywhere. Whether promoting budget air travel, cruise holidays, or fossil energy, such ads actively stimulate demand for high-carbon products and services. More concerningly, they normalize a polluting lifestyle at a time when we urgently need to reduce emissions.
Thus, allowing these ads directly undermines global and local climate goals. That's why we're advocating for fossil ads to disappear from our public spaces.
Our concerns
Promotion
of overconsumption
Normalisation
of polluting lifestyle
Climate goals
are undermined
The importance of fossil ad bans
Much like the successful bans on tobacco advertising, restricting fossil fuel promotions is an essential tool to reduce and de-normalise the consumption of fossil fuels. A growing body of authoritative research backs this approach, including reports from the IPCC, the UN Environment Programme, and the Potsdam Institute for Climate Impact Research.
At the global level, the UN Secretary-General, the UN High Commissioner for Human Rights and UN Special Rapporteurs have all called for a fossil ad ban. The climate crisis and public health, among other pressing issues, require a major reduction in fossil fuel consumption, which is at odds with continuing to allow fossil ads that seek to expand demand.
Nationally, prominent Dutch advisory bodies - including TNO, the Dutch Council for the Environment and Infrastructure, the Dutch Scientific Climate Council and CE Delft - have also stressed the importance of these bans.
"Advertising promotes more consumption of the advertised product. This also applies to fossil ads and products. Given the need to quickly reduce the current overconsumption of fossil products, the call is becoming stronger to ban the ads that encourage more consumption. A world without fossil fuel ads will help us to achieve a livable future!"
Hannah Prins, Campaign Coordinator
What do we want to achieve?
Fossil ads contribute to the excessive consumption of fossil-based products. Because of their influence on consumer behaviour and the negative impact this has on the climate, we have taken action against fossil advertising.
Goals
01
Uphold and defend The Hague's fossil ad ban
Help securing the legal standing of The Hague's historic fossil ad ban.
02
De-normalise fossil fuels
Ending the promotion of highly polluting products and services to reduce demand and shift societal norms.
03
Inspire worldwide action
Empowering other municipalities and government bodies to enact their own binding fossil ad bans.
Court upholds the world's first fossil ad ban
WIN: In a landmark judgment, the district court of The Hague upheld the fossil ad ban adopted by the municipality of The Hague, rejecting a challenge brought by major travel companies.
NOW: 18 Dutch municipalities with a fossil ad ban - and counting!
The Hague's fossil ad ban – covering ads in the city's public space for fossil products such as flight tickets and cruise holidays – is the world's first ban enacted in a binding regulation. Other local bans were the result of contractual arrangements between government bodies and operators of outdoor advertising.
In response, major travel companies challenged the ad ban in court, arguing that the municipality lacked the authority to enact the ban, and claiming it violated EU law and freedom of speech. Also, they argued that the ad ban is ineffective as it will not limit climate change.
To defend the ban, the NGO Reclame Fossielvrij intervened in the proceedings supporting the municipality. Advocates for the Future supported Reclame Fossielvrij in its intervention.
Considerations of the district court
The court dismissed all arguments brought by the travel companies. Important elements of the ruling include:
The municipality has the authority to adopt an ad ban under Dutch law. The municipality has sufficiently shown that the ad ban can contribute to local public health and to mitigation of climate change, which also benefits people residing within The Hague. It’s not relevant that the contribution of the ban towards these goals is relatively small, as the court noted: “every little bit helps”.
No violation of freedom of speech. The Dutch constitution does not protect commercial speech covered by the ad ban. The European Convention of Human Rights does apply to commercial speech, but governments have a wide margin of discretion to restrict such speech.
The ad ban is in line with EU law. The restriction is a necessary and proportionate measure to protect public health and the environment. There is no indication that the ban discriminates unfairly against non-Dutch EU entities.
The ban is sufficiently clear. Occasional questions about the application of the ban do not make it unlawful. The ban is directed towards professional parties, which may be expected to acquire advice on whether the ban applies in a certain case.
The municipality has conducted a lawful balancing of interests. The court confirmed a lawful balance of interests, stating: “[i]t is not up to the municipality to refrain from taking measures to promote the health of its residents in order to strengthen the future (financial) position of travel providers.”
"The ruling confirms that government bodies have significant leeway to enact regulations that contribute towards goals of public health and climate mitigation, even when they may affect the commercial operations of certain businesses."
Maikel van Wissen, Director
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