Freedom of speech and freedom of the press in Denmark are ensured by § 77 of the constitution:[1]
- 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.
There's widespread agreement in Danish legal theory that § 77 protects what is called "formal freedom of speech" (formel ytringsfrihed), meaning that one cannot be required to submit one's speech for review by authorities before publishing or otherwise disseminating it.[2] However, there is disagreement about whether or not § 77 covers "material freedom of speech" (materiel ytringsfrihed), the right to not be punished for ones speech. There is agreement that the phrasing "under responsibility to the courts" gives legislators some right to restrict speech, but conversely there have been several court decisions implying that some material freedom of speech does exist.[3] The discussion is about whether the material speech has limits or not, and if so, what those limits are.[3][4]
The major punishable acts are child pornography, libel, and hate speech/racism, which are restricted by the Danish penal code. Like most other countries, Denmark also forbids publishing classified material harmful to state security, copyright-protected material without permission and revealing trade secrets in the civil law.
In 2004, 2005, and 2009 Denmark received a joint first place in the Worldwide Press Freedom Index from Reporters Without Borders.[5] Since 2011, Denmark has consistently been in the top-10 out of 179 countries in the index and it was fourth in 2016.[6][7][8][9][10]
- ^ "Kapitel VIII" (Part 8), Danmarks Riges Grundlov (Grundloven) (Danish Constitution) (in Danish). (English translation)
- ^ Zahle, Henrik, ed. (2006). Danmarks Riges Grundlov med kommentarer [Constitution of the Kingdom of Denmark with comments] (2nd ed.). Copenhagen: Jurist- og Økonomforbundets Forlag. p. 536. ISBN 8757411565. OCLC 466582184.
- ^ a b Zahle 2006, p. 539.
- ^ See Zahle 2006, pp. 539–552 for differing perspectives on the issue.
- ^ "Press Freedom Index 2004" Archived 2012-02-20 at the Wayback Machine, "Press Freedom Index 2005" Archived 2013-09-27 at the Wayback Machine, "Press Freedom Index 2009" Archived September 30, 2015, at the Wayback Machine, Reporters Without Borders, accessed 12 August 2012
- ^ "Press Freedom Index 2011-2012" Archived March 3, 2016, at the Wayback Machine, Reporters Without Borders, accessed 12 August 2012
- ^ "World Press Freedom Index 2013" Archived 2018-02-19 at the Wayback Machine, Reporters Without Borders
- ^ "World Press Freedom Index 2014" Archived 2014-02-14 at the Wayback Machine, Reporters Without Borders
- ^ "World Press Freedom Index 2015" Archived 2017-07-30 at the Wayback Machine, Reporters Without Borders
- ^ "World Press Freedom Index 2016" Archived 2017-03-14 at the Wayback Machine, Reporters Without Borders