as amended by L 2000-05-31 no. 433 and L 2005-12-21 no. 1404.
Part 1
Scope of the Act
Section 1. The Act shall apply to the following mass media:
1) Domestic periodical publications, including images and other representations that are printed or in any other manner duplicated.
2) Sound and image programmes transmitted by Danmarks Radio (the Danish Broadcasting Corporation), TV/2 DANMARK A/S, TV 2's regional enterprises and any other undertakings authorised or registered to carry on radio or television activities.
3) Texts, images and sound programmes that are periodically imparted to the public, provided that they have the form of news presentation which can be equated with the kind of presentation to which nos. 1) and 2) of this section extends, cf. however section 8(1) of this Act.
Part 2
General provisions
Domestic periodical publications
Section 2. By publisher of a publication shall be understood the party on whose account the publication is published.
Subsection 2. A publication shall be considered to be domestic provided that the activities of the publisher are carried out in Denmark.
Subsection 3. A publication shall not be considered periodical except where it is to be published at least twice a year.
Section 3. Any domestic periodical publication shall specify the name of the responsible editor subject to subsection 2 of this section, in the following referred to as the editor.
Subsection 2. By editor shall be understood the person authorised to make the final decisions concerning the content of the publication. No publication can have more than one editor.
Subsection 3. The publisher and the editor shall be liable for any lack of or incorrect specification of the name of the editor. A person who has incorrectly been specified shall furthermore be liable provided that he or she has consented to his or her name being stated.
Section 4. The editor shall, upon request, notify anybody having a cause of action of the identity of the persons to whom section 10, cf. section 9(2) and (3), section 14 and section 27(1) of this Act extend.
Radio and television
Section 5. Danmarks Radio, TV 2/DANMARK A/S, TV 2's regional enterprises and any other undertakings authorised or registered to broadcast radio or television shall notify the Danish Press Council of the name of the person to become editor under subsection 2 of this section.
Subsection 2. By editor shall be understood the person authorised to make the final decision as to whether to broadcast a programme or a feature. No radio or television broadcasting undertaking can have more than one editor.
Subsection 3. Upon request, any radio or television broadcasting undertaking shall indicate the name of their editor.
Subsection 4. The radio or television broadcasting undertaking and the editor shall be responsible for lack of or incorrect specification of the name of the editor. A person who has incorrectly been specified shall also be responsible provided that he or she has consented to his or her name being stated.
Section 6. The editor shall, upon request, furnish anyone who has a cause of action with particulars to identify specified transmitted programmes and persons liable under the provisions of section 17(1), section 18(1), section 20(1), and section 27(1) of this Act.
Section 7. The editor shall ensure that a copy of all programmes is kept for three months in a proper manner.
Subsection 2. Notwithstanding the time limit referred to in subsection 1 of this section, copies of programmes the content of which is subject to a complaint or legal proceedings shall be kept until the matter has been finally settled.
Other mass media
Section 8. Undertakings publishing the mass media referred to in section 1, 3) of this Act shall be registered with the Danish Press Council in order to fall within the provisions of this Act.
Subsection 2. Registered undertakings shall be subject to the provisions of sections 5-7 of this Act.
Subsection 3. The Minister of Justice may stipulate detailed regulations governing the content and form of the registration.
Part 3
Criminal liability for the content of the media
Domestic periodical publications
Section 9. Criminal liability for the content of a domestic periodical publication can be imposed only on the author of an article in the publication, and on the editor and the publisher, cf. however sections 14, 25 and 27 of this Act.
Subsection 2. The provisions governing liability for articles shall also apply by analogy to images and similar representations.
Subsection 3. News bills, posters, bills etc. shall be considered part of the publication to which they refer or from which they originate.
Section 10. The author of an article in the publication bearing the author’s name shall be liable for the content of the article under the general provisions of the applicable legislation.
Subsection 2. An article shall be construed as bearing the author’s name provided that it has been published with the author’s consent under the author’s own name or picture. This shall also apply where the article is published under the author’s pseudonym or mark, and it is generally known to whom the pseudonym or mark refers.
Subsection 3. Where several authors have contributed to an article bearing the authors’ names, and it does not appear which part each of the authors has written, they shall all be liable for the content of the article under the general provisions of the applicable legislation.
Subsection 4. Where the author of an article bearing the author’s name is a company, an association, an independent institution or similar, the management of such legal entity shall be liable for the content of the article under the general provisions of the applicable legislation.
Subsection 5. In the circumstances referred to in subsection 4 liability can be imposed on the legal entity as such in the form of a fine.
Subsection 6. A published text specifying the name of a news agency as source shall not be considered as bearing the author’s name.
Section 11. The editor shall be liable for the content of an anonymous article in the publication, even though the offence cannot be imputed to the editor as intentional or negligent.
Subsection 2. The editor shall also be liable for the content of an article in the publication bearing the author’s name, provided that the author cannot be held liable under section 10 of this Act due to lack of association with the Kingdom of Denmark, or because the author lacks soundness of mind, rendering him or her not amenable to punishment. This shall apply even though the offence cannot be imputed to the editor as intentional or negligent.
Section 12. The editor shall also be liable for the content of an article or statement which has been published in another mass media specifying the author’s name, and which is being reproduced in the editor’s publication. This shall apply even though the offence cannot be imputed to the editor as intentional or negligent. Where the author or the person making the statement has consented to the reproduction, the provisions of sections 10 and 14 of this Act shall extend to the article or the statement.
Section 13. The editor shall share in the liability for the content of an article bearing the author’s name published in the publication where, with the editor’s knowledge, the article was written by a permanent member of the staff of the publication, where it was written upon the editor’s request or he or she had contributed in any other way, or where the editor knew that the content was incorrect or implied an invasion of privacy.
Section 14. Any person quoted for a statement in an article giving the person’s name shall share in the liability for the content of the statement under the general provisions of the applicable legislation, provided that the statement has been correctly quoted, and the person making the statement has consented to the statement being quoted under his or her name.
Section 15. The publisher shall be liable for the content of the publication provided that the editor cannot be held liable under sections 11-13 of this Act, either because of lack or of incorrect specification of the name of the editor, or the editor’s lack of association with the Kingdom of Denmark or lack of soundness of mind. This shall apply even though the offence cannot be imputed to the publisher as intentional or negligent.
Subsection 2. Where the publisher is a company, an association, an independent institution, a foundation or the like, the liability referred to in subsection 1 of this section can be imposed on the legal entity as such in the form of a fine. Where the publisher is the state, a municipality or local government authorities, cf. section 60 of the Local Government Act, liability can be imposed on the state, municipality or local government authorities in the form of a fine.
Radio and television transmissions
Section 16. Criminal liability for the content of radio and television transmissions as referred to in section 1, 2) of this Act, cf. however section 20(2), section 25 and section 27, can be imposed only on the author of a text, on the person making a statement, on the editor and on the radio or television broadcasting undertaking.
Subsection 2. The provisions governing liability for texts and statements shall apply by analogy to films, images and the like.
Section 17. The author of a text that is broadcast shall be liable for the content under the general provisions of the applicable legislation, provided that the person concerned has consented to the text being broadcast. However, this shall not apply where the author has been promised anonymity, cf. however section 20(2) of this Act.
Subsection 2. In the circumstance referred to in subsection 1, 2nd sentence of this section, the editor shall be liable for the content of the text, even though the offence cannot be imputed to the editor as intentional or negligent.
Subsection 3. In deferred broadcasts the editor shall also be liable for the content of a text, provided that the author has not consented to the text being broadcast, or the author cannot be held liable because he or she has given incorrect information about his or her identity, because of lack of association with the Kingdom of Denmark or lack of soundness of mind. This shall apply even though the offence cannot be imputed to the editor as intentional or negligent.
Section 18. Any person making a statement in a deferred broadcast shall be liable for the content of the statement under the general provisions of the applicable legislation, except where
1) the broadcast does not elicit the identity of the person concerned, or
2) the person has not assented to the statement being broadcast, or
3) the person has been promised that his or her participation in the broadcast would not reveal his or her identity, and reasonable steps have been taken to ensure this.
Subsection 2. In the circumstances referred to in subsection 1, nos. 1-3 of this section, the editor shall be liable for the content of the statement, even though the offence cannot be imputed to the editor as intentional or negligent. This provision shall apply by analogy where the person making the statement cannot be held liable because he or she has given incorrect information about his or her identity, because of lack of association with the Kingdom of Denmark or lack of soundness of mind.
Section 19. The editor shall furthermore be liable for the content of a text or a statement which has been published specifying the author’s name or the name of the person making the statement in another mass media, and which is being reproduced in a broadcast from the radio or television broadcasting undertaking concerned. This shall apply even though the offence cannot be imputed to the editor as intentional or negligent. Where the author or the person making the statement has consented to the reproduction, the provisions of sections 17, 18 and 20 of this Act shall extend to the person concerned. A published text indicating a news agency as source shall not be construed as bearing the author’s name.
Section 20. Any person making a statement in a direct broadcast shall be liable for the content of the statement under the general provisions of the applicable legislation, except where the person concerned has been promised that his or her participation would not reveal his or her identity, and reasonable steps have been taken to ensure this. In this case, the editor shall be liable for the content of the statement, even though the offence cannot be imputed to the editor as intentional or negligent. This shall also apply where the person making the statement cannot be held liable because he or she has given incorrect information about his or her identity, because of lack of association with the Kingdom of Denmark or lack of soundness of mind.
Subsection 2. Criminal liability for the content of texts or statements advanced or made in direct transmissions on radio or television from public meetings or other current events shall be imposed under the general provisions of the applicable legislation.
Section 21. The editor shall share in the liability for the content of a text or a statement as referred to in section 17(1), section 18(1), and section 20(1) of this Act, provided that
1) the text or statement was written or made with the editor’s knowledge by a permanent member of the staff of the radio or television broadcasting undertaking, or
2) the text or statement was written or made upon the editor’s request, or he or she has contributed in any other way, or
3) the editor knew that the content was incorrect or implied an invasion of privacy, or in case of direct broadcasts knew that the text would be transmitted or the statement made.
Subsection 2. The editor shall also share in the liability for the content of a text or a statement where, despite a promise of anonymity as referred to in section 18(1) and section 20(1) of this Act, reasonable steps have not been taken to ensure this anonymity. This shall apply even though the offence cannot be imputed to the editor as intentional or negligent.
Section 22. Any person who reads aloud or in any other way is instrumental in transmitting a text or a statement shall not be liable for the content of the text or statement.
Section 23. The radio or television broadcasting undertaking as such shall be liable for the content of a text or a statement provided that the editor cannot be held liable because of lack of or incorrect specification of the editor’s name or because of the editor’s lack of association with the Kingdom of Denmark or lack of soundness of mind. This shall also apply even though the offence cannot be imputed to the radio or television broadcasting undertaking as intentional or negligent.
Subsection 2. Where the radio or television broadcasting undertaking is a company, an association, an independent institution, a foundation or the like, the liability referred to in subsection 1 of this section can be imposed on the legal entity as such in the form of a fine. Where the radio or television broadcasting undertaking is the state, a municipality or local government authorities, cf. section 60 of the Local Government Act, liability in the form of a fine can be imposed on the state, municipality or local government authorities.
Other mass media
Section 24. Criminal liability for the content of the mass media referred to in section 1, 3) of this Act, shall be imposed pursuant to the provisions laid down in sections 9-15 or 16-23 of this Act, depending on the nature of the mass media.
Common provisions
Section 25. The general provisions of legislation governing liability shall apply to offences committed by way of the content of a mass media and shall be punishable by imprisonment for six years or more.
Section 26. Any media undertaking shall be liable in the first instance for fines and costs imposed in pursuance of the provisions laid down in sections 9-25 of this Act.
Subsection 2. When fixing the amount of a fine imposed in pursuance of sections 9-25 of this Act, the court shall in particular take into account the nature and severity of the offence, the distribution of the mass media concerned and the profit that the mass media has or might have made as a result of the offence. Instead of daily penalties the court may impose a different pecuniary penalty.
Section 27. Any person who has inserted an advertisement shall be liable for the content thereof under the general provisions of the applicable legislation. This shall also apply to any person who has assisted therein.
Subsection 2. The editor shall share in the liability for the content of advertisements under the general provisions of the applicable legislation. Where the editor fails to comply with his or her obligation to notify in pursuance of sections 4 and 6 of this Act, he or she shall be liable for the content of the advertisement, even though the offence cannot be imputed to the editor as intentional or negligent.
Section 28. The Danish Chief Public Prosecutor shall decide whether public prosecution shall be instituted on account of the content of a mass media to which the provisions of this Act extend.
Part 4
Liability for damages in respect of media content
Domestic periodical publications
Section 29. Liability for damages in respect of the content of a domestic periodical publication shall attach to the persons on whom criminal liability can be imposed pursuant to the provisions of sections 9-15 and sections 25 and 27 of this Act.
Section 30. The publisher of a domestic periodical publication shall be liable in the first instance for damages and costs imposed under section 29 of this Act.
Radio and television transmissions
Section 31. Liability for damages in respect of the content of radio and television transmissions as referred to in section 1, 2) of this Act shall attach to the persons on whom criminal liability can be imposed pursuant to the provisions of sections 16-25 and 27 of this Act.
Section 32. Danmarks Radio, TV 2/DANMARK A/S, TV 2's regional enterprises and undertakings authorised or registered to carry out radio or television broadcasting activities shall be liable in the first instance for damages and costs imposed under section 31 of this Act.
Subsection 2. However, the liability shall not include damage caused through direct transmission of public meetings or current events, except where the damage was caused by an employee of the institution or enterprise concerned in the execution of his or her official duties.
Other mass media
Section 33. Liability for damages in respect of the content and distribution of the mass media referred to in section 1, 3) of this Act shall be imposed in pursuance of the provisions laid down in sections 29-32 of this Act.
Part 5
Press ethics
Section 34. The content and conduct of the mass media shall be in conformity with sound press ethics.
Subsection 2. Complaints of violation of subsection 1 of this section can be lodged with the mass media c
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