Freedom of speech and freedom of the press in Denmark
Encyclopedia
In Denmark
the freedom of speech
and freedom of the press
are ensured by § 77 of the constitutionhttp://www.retsinfo.dk/_GETDOCI_/ACCN/A19530016930-REGL:
The phrase under responsibility to the courts provides the main concept of the freedom: the constitution grants you the freedom to say whatever you please, but does not protect you from being punished for doing so.
Tradition by the court is that the boundaries for what is deemed inappropriate are wider for the press or in a political debate than for civil citizens.
The major punishable acts are libel, blasphemy
and racism
, which are restricted by the Danish penal code. Like most other countries, Denmark also forbids publishing copyright
-protected material without permission and revealing trade secret
s in the civil law
.
In 2005, Denmark got a joint first place in Reporters Without Borders
Worldwide press freedom index
http://www.rsf.org/rubrique.php3?id_rubrique=554.
However, there is very little legal tradition for actually punishing anyone for violating this article. The latest conviction was in 1938 in a case of flyers that construed Jewish holy texts as urging 'violating' non-Jewish girls. Legal tradition seems to establish that debate and art are not punishable under the blasphemy-article .
Free speech advocate Lars Hedegaard was convicted under this statute for criticizing Islam
. Politician Jesper Langballe
was also convicted for defending his comments.
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
are ensured by § 77 of the constitutionhttp://www.retsinfo.dk/_GETDOCI_/ACCN/A19530016930-REGL:
- "Anyone is entitled to in print, writing and speech to publish his or hers thoughts, yet under responsibility to the courts. Censorship and other preventive measures can never again be introduced."
The phrase under responsibility to the courts provides the main concept of the freedom: the constitution grants you the freedom to say whatever you please, but does not protect you from being punished for doing so.
Tradition by the court is that the boundaries for what is deemed inappropriate are wider for the press or in a political debate than for civil citizens.
The major punishable acts are libel, blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...
and racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, which are restricted by the Danish penal code. Like most other countries, Denmark also forbids publishing copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
-protected material without permission and revealing trade secret
Trade secret
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers...
s in the civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
.
In 2005, Denmark got a joint first place in Reporters Without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
Worldwide press freedom index
http://www.rsf.org/rubrique.php3?id_rubrique=554.
Libel
The provision against libel is set down in § 267 of the penal code:- "Anybody who offends another person's honor by insulting words or actions or by stating or disseminating charges, that are suitable for reducing the insulted person in the esteem of fellow citizens, will be punished by fine or ordinary imprisonment."
Blasphemy
Blasphemy is forbidden by § 140 of the penal code:- "Anybody who publicly mocks or insults any in this country legally existing religious community tenets of faith or worship, will be punished by fine or imprisonment for up to 4 months."
However, there is very little legal tradition for actually punishing anyone for violating this article. The latest conviction was in 1938 in a case of flyers that construed Jewish holy texts as urging 'violating' non-Jewish girls. Legal tradition seems to establish that debate and art are not punishable under the blasphemy-article .
Racism
The rules against racism are set down in § 266b of the Danish penal code.- "Whoever publicly, or with intention to disseminating in a larger circle makes statements or other pronouncement, by which a group of persons is threatened, derided or degraded because of their race, colour of skin, national or ethnic background, faith or sexual orientation, will be punished by fine or imprisonment for up to 2 years.
- Sec. 2. When meting out the punishment it shall be considered an especially aggravating circumstance, if the count has the character of propaganda."
Free speech advocate Lars Hedegaard was convicted under this statute for criticizing Islam
Criticism of Islam
Criticism of Islam has existed since Islam's formative stages. Early written criticism came from Christians, prior to the ninth century, many of whom viewed Islam as a radical Christian heresy...
. Politician Jesper Langballe
Jesper Langballe
Jesper Marquard Langballe is a retired Danish Lutheran priest, author and politician who represented the right-wing populist Danish People's Party in the Danish parliament, Folketinget, from 2001 to 2011. Langballe, who was convicted of libel and incitement to hatred towards Muslims, was elected...
was also convicted for defending his comments.
External links
- Danish Penal Code in Danish.
- Freedom of expression in Denmark - IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....