Article 261 Dutch Criminal Code

Artikel 261 Wetboek van Strafrecht (Sr) – unofficial English translation

Book Two · Title XVI. Insult

Paragraph 1

Any person who intentionally attacks a person's honour or reputation by alleging a specific fact, with the evident aim of giving publicity to it, is guilty of defamation (smaad) and liable to a term of imprisonment not exceeding six months or a fine of the third category.

Paragraph 2

If this is done by means of writings or images that are distributed, publicly displayed or posted up, or by means of writings whose content is publicly read out, the perpetrator is guilty of written defamation (smaadschrift) and liable to a term of imprisonment not exceeding one year or a fine of the third category.

Paragraph 3

There is neither defamation nor written defamation in so far as the perpetrator acted in necessary defence, or could in good faith have assumed that the alleged fact was true and that the public interest required the allegation.

Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 261 Wetboek van Strafrecht. Checked against the Dutch text in force on 12 October 2026.

Dutch case law

255 Dutch court rulings cite this article. View the rulings (in Dutch)