Dutch Court Upholds City’s World-First Law Banning Fossil Fuel Advertising
The ruling is a “major breakthrough” for climate action that could have ripple effects far beyond The Netherlands, advocates say.
Credit: RB Photo via Flickr, CC BY 2.0
As global temperatures continue to rise and governments such as the United States ignore the warnings of climate scientists in seeking to ramp up fossil fuel production, some communities are taking action directly against the industry fueling climate breakdown and its advertising. Dozens of US states and municipalities are suing major fossil fuel companies alleging they misled the public about the dangers of their products, with some cases arguing the deception continues to this day though greenwashing and other misleading advertising. Outside the US, some cities and jurisdictions are starting to restrict fossil fuel ads. France adopted a partial fossil fuel ad ban several years ago.
In the Netherlands, The Hague enacted a word-first municipal law in September last year banning fossil fuel ads – and now that law has survived its first legal challenge.
On Friday, April 25, The Hague District Court upheld the Dutch city’s groundbreaking policy, which is the first ad ban of its kind enacted through local ordinance. The law, which took effect on the first of this year, prohibits advertising in public spaces of fossil fuel products and services such as gasoline, petrol cars, and cruise and aviation trips. Travel industry groups promptly sued the city over the ad ban, arguing it violates the Dutch constitution and European law. But last week the court dismissed the industry groups’ claims, ruling in favor of the city’s interests to protect the health of its residents and to mitigate pollution and adverse climate impacts.
“The Municipality has sufficiently substantiated that the advertising ban, within the limits of its legal authority, can contribute to countering the effects of climate change and to improving the health of the residents and visitors of The Hague,” the court wrote in its decision. The court further suggested that the city’s intention to protect the public interest with this policy outweighs the commercial interests of the travel industry groups.
“This court ruling marks a milestone. It shows that municipalities are not powerless, but do in fact have tools to tackle the climate crisis,” Robert Barker, deputy mayor of The Hague, said in a statement.
Scientists and academic experts say that without a reduction in demand for carbon-intensive travel, such as aviation and cruise trips, the global tourism sector cannot meet the goal of rapidly slashing its greenhouse gas emissions in line with achieving net zero emissions by midcentury. Fossil fuel ad bans can help decrease demand for non-essential, high-carbon travel.
“The science is very clear. Fossil [fuel] advertisement ban in the public space is sound policy,” said Harald Buijtendijk, a professor of Breda University of Applied Sciences who studies tourism and sustainability. He led a group of 20 scientists who published an expert statement explaining the scientific justification for fossil fuel ad bans like the one adopted by The Hague.
“We think this verdict can really unleash a snowball effect both in the Netherlands and abroad” - Femke Sleegers, Fossil Free Advertising
Supporters of the city’s policy say they are hopeful that it can inspire other jurisdictions to take similar measures, especially now that the ad ban has withstood judicial scrutiny.
Femke Sleegers, a Dutch campaigner with Reclame Fossielvrij (Fossil Free Advertising), said the court’s ruling is a “major breakthrough for the health of people and the planet.”
“We think this verdict can really unleash a snowball effect both in the Netherlands and abroad,” she added.
Sleegers said that bans on fossil fuel advertising are widely backed by science, by health professionals, and by human rights proponents. Just this month, two independent UN human rights experts (special rapporteurs) issued a statement in support of fossil fuel ad bans. And last year the head of the UN, Secretary-General António Guterres, called on all countries to ban fossil fuel advertising.
Dr. Jeni Miller, Executive Director of the Global Climate and Health Alliance, said The Hague’s local fossil fuel ad ban is a “landmark breakthrough” that can be followed by other communities worldwide as a public health initiative, similar to tobacco ad restrictions.
“The public health community can play its part – many years ago it helped lead the push for tobacco control and an advertising ban, and now we are on the cusp of achieving the same for fossil fuels,” Miller said.
Barker said that while he is pleased to see his city lead the way on this charge, he would love to see other municipalities join them.
“The Hague was the first city in the world to ban fossil ads from the public space since these ads accelerate climate change,” he said. “It would be great if many more cities around the world followed suit, each making their own contribution to a better, more sustainable future.”