More and more public disturbances start online or are amplified online. Mayors have many powers but they are often used after the fact. Enforcement of online public order disturbances requires preventive online intervention. This study examines whether the General Local Regulation offers any starting points for this. This could strengthen the toolkit of the municipality/mayor.
Research into the General Local Bye-Law (APV) could increase the online possibilities for preventive online intervention. Any legal limits will also provide insight into any gaps that need to be resolved by the legislator at a national level and will feed into substantive discussions on this topic.
What is the reason for the project?
Due to Covid-19, the boundaries between online and offline are increasingly blurred and the local and physical effects of online activities are becoming more visible. Municipalities are increasingly confronted with cybercrime and public disturbances stimulated online. Think of the curfew riots or the spread of disinformation like in Bodegraven.
Mayors are responsible for the effects of online calls on the physical public order but as yet have no means of taking preventative action other than communication, for example. Mayors are therefore not competent, but they are responsible. Recently, research 'Effective local government in a digitalising society' (commissioned by VNG) states that administrators should have powers to take action against disturbances, also online. If this is not provided, mayors will lose their position in an increasingly digital society and in local safety policy.
- Dr. Willem Bantema
- Suzanna Twickler
- Annemarieke Broere
- Sipke de Vries
- Wouter Stol
- Marietta Buitenhuis (AKD)
- Karianne Albers (OU)
HBOR students are also involved through graduation and the Atelier IVK/Law.
Various methods are used for the research. Group interviews will be used to ask for opinions and relevant case studies of five municipalities in the IJsselland region, interviews will be held with experts on legal possibilities/limitations and attention will be paid to the practical feasibility of possible solutions. The most important and largest part of the research comprises a legal analysis with attention to case law.
The research is a co-creation between students, NHLS, AKD and OU and within NHL Stenden University between Integral Safety, the research group Cybersafety and HBO Law.