Samenvatting

Mayors struggle with their role in the digital and online domain. One of the aspects they encounter is online positioning. Positioning is an important factor in public order enforcement. Mayor Femke Halsema of Amsterdam recently indicated that she is not only responsible for public order, but also for virtual public space. This contribution elaborates on online positioning and specifically on whether social media pages can be considered as public spaces. The analysis, which includes recent research in this area, shows that the definition of ‘public order and public space’ in the Dutch Municipalities Act certainly offers scope for an expansion to online places. The way in which internet users deal with data in practice does not stand in the way of this possibility. At the same time, it appears that online spaces differ from physical spaces, especially in the sense that positioning is difficult. Case law from Dutch criminal law shows that, in addition to the place, it is primarily the public reach and effect that determine whether or not it concerns a public expression. In addition to complex positioning online, there are other compelling arguments for not using the legal powers of mayors for maintaining public order on public spaces online.