The Hague's fossil ad ban sets new bar for action against polluting ads
The Hague’s world-leading local law against fossil fuel advertising on outdoor advertising spaces has survived a legal challenge, and paved the way for other Dutch cities to follow suit.
In September 2024, the city government of The Hague passed a local ordinance - similar to a by-law - prohibiting ads for fossil fuels, cruise ships, fossil-fueled cars, and aviation on all ad sites across the city, including privately-owned sites.
Whilst UK cities like Edinburgh and Sheffield have introduced policies restricting fossil fuel advertising and sponsorship, these policies only apply to council-owned advertising sites, such as bus shelters. The Hague went further, applying to all ad sites, and it is a law, rather than a policy.
The Hague’s ad ban was challenged in court by travel industry organisation ANVR (Dutch association of travel companies) and travel company TUI who argued that the ban overstepped city government powers, limited freedom of expression, and that it would not be effective. The Hague defended the ban, with the support of Reclame Fossielvrij and Advocates for the Future.
What did the court say?
In a ruling on April 25th, 2025, a Dutch court ruled in favour of the city. A detailed summary of the ruling can be read on the World Without Fossil Ads website.
Key points include:
The absence of a perfect definition of what constitutes a “fossil fuel advertisement” is no barrier to implementation, nor does it contradict the local government’s obligation for ‘good governance’. That the ban is based on concrete evidence and rationale, and that advice to advertisers is available regarding meeting the criteria of the law, is sufficient.
Ad bans don’t have to solve everything. The Hague argued that it is not necessary to offer a comprehensive environmental solution all at once; the only question is whether the law is suitable and necessary. The judge agreed that it is not necessary for a measure to provide a comprehensive solution to a problem; it is sufficient that the measure — in this case, the Advertising Ban — can contribute to the intended goal, namely, improving air quality and reducing environmental damage.
Public health trumps private profit. In their ruling, the judge wrote that: “The Municipality [The Hague] is under no obligation to refrain from measures that promote public health in order to support the future (financial) position of travel operators.”
The ruling notes further that the travel companies (or indeed any company affected by the ban): “retain various other options for promoting their products and services.”
Ultimately, this means the ban does not limit the freedom of expression of any company prohibited from advertising, since the ban is targeted (to outdoor ad spaces) and proportionate (to the goal of reducing emissions and pollution).
Photo: Getty Images
Domino effect
Within weeks of the court ruling, two further Dutch cities, Utrecht and then Delft, introduced similar local laws against fossil fuel advertising, illustrating the domino effect that policies like these can have when governments are brave enough to take a stand.
Our eyes are now on Transport for London to introduce restrictions on fossil fuel ads similar to its policy on junk food ads which came into effect in 2019 and has been hugely successful in reducing Londoners' exposure to and consumption of junk food.
As Badvertising’s Freddie Daley recently wrote, cities around the world are leading the charge against polluting advertising via local restrictions. Whilst this is heartening to see, we need national action to bring in the kind of tobacco-style bans we know are necessary.
A petition launched by Chris Packham calling for just such a ban in the UK recently passed the 100,00 signatures needed to trigger a Parliamentary debate, bringing the issue to the attention of Westminster. The Netherlands is showing what can be done with political conviction, and building momentum to end fossil fuel advertising for good.