Guidelines on sound press ethics

Introduction to the guidelines by the Danish Press Council (Pressenævnet)

On 15 November 2023 and 30 October 2023, respectively, the Association of Danish Media (Danske Medier) and the Danish Union of Journalists (Dansk Journalistforbund) adopted new guidelines on sound press ethics drafted by a task force consisting of representatives of the Danish Broadcasting Corporation (DR), the Danish television broadcaster TV 2, the Danish Union of Journalists and the Association of Danish Media. The guidelines are listed below.

It follows from the legislative history of the Danish Media Liability Act* (medieansvarsloven) that the Press Council is responsible for laying down and developing sound press ethics. It is assumed in that respect that the Press Council’s discretion is not entirely independent, but that the indicative rules on sound press ethics proposed by the Media Liability Committee (Medieansvarsudvalget) in its report and printed as an annex to the Media Liability Bill must form the foundation of the detailed contents of the concept of “sound press ethics”. It is further assumed that the practices applied by the Press Council will then be a considerable contribution to the elaboration and clarification of the general principles that form the basis of the “sound press ethics” standard laid down in the general clause, and that those practices will inherently serve as indicative ethical guidelines.

Accordingly, it follows from the legislative history of the Media Liability Act that, through the decisions made by the Press Council, the Council is responsible for clarifying and elaborating in detail the contents of the concept of “sound press ethics”.

In the opinion of the Council, the new guidelines are essentially a codification of the practices applied by the Council, and the guidelines will not leave potential complainants in a less favourable position. From now on, the Council will therefore refer to the new guidelines in its decisions as concerns publications, etc., made on or after 1 January 2024.

Guidelines on sound press ethics

Fundamental views

Safeguarding the freedom of speech in Denmark is closely connected with the free access of the media to collect information and news and to publish such information and news as correctly as possible. The right to free comment is part of the freedom of speech. The media must recognise that each citizen has a right to respect for his or her integrity as well as the sanctity of his or her private life and must protect citizens against unjustified violation of that right in connection with research and publication. On all platforms, the media must provide clear guidance on how to lodge a complaint of media content and/or media conduct.

The elements of sound press ethics include that the media must not create an obstacle to the publication of information of essential importance to the public and must not yield to demands made by outsiders if such demands might raise doubt as to the freedom and independence of the media. Imposing on a journalist a task that is in conflict with the guidelines on press ethics or the individual journalist’s conscience or convictions would amount to a breach of sound press ethics.

The guidelines apply to editorial material such as opinion items, analyses and comments on all platforms. In addition to conventional editorial material, the guidelines also apply to editorial elements generated in full or in part by means of artificial intelligence.

Further, the guidelines apply to advertisements and commercials on all platforms to the extent that such advertisements and commercials are not governed by other rules.

The guidelines apply to persons mentioned or depicted, including deceased persons and legal persons.

The guidelines do not apply to specific user comments and the like that have not undergone editorial review. Visible and clear guidelines on users’ debate contributions and an effective procedure for the handling of complaints of items published must be set up by each medium. The relevant medium must consider any such complaints as soon as possible and normally within 24 hours.

Contents of the guidelines

A. Correct information

It is the duty of the media to publish information correctly and promptly. To the extent possible, it must be verified whether the information given or reproduced is correct.
It is necessary to be critical of the sources of news, in particular where their statements may be biased by personal interest or tortious intent.
Information which may be prejudicial or insulting or detract from the respect in which individuals should be held must be very closely examined before publication, primarily by submission to the person concerned. When a submission is made, the person concerned must be given a reasonable time to reply.
When reasonable, attacks and replies must be published together and in the same way. This particularly applies to insulting or prejudicial statements.
A clear distinction must be drawn between factual information and comments or assessments.
The form and content of editorial elements presented in text, sound or image material must be substantiated by the article or publication in question.
Incorrect information must be corrected on the relevant medium’s own initiative as soon as significant errors in the published information have come to the medium’s attention. Corrections must be made in a manner that will ensure that the readers, listeners or viewers can easily become aware of errors.

B. Conduct contrary to sound press ethics

Each individual is entitled to protection of his or her personal reputation. The sanctity of a person’s private life must not be violated unless public coverage is justified by an obvious public interest.
In connection with the coverage of suicide or attempted suicide, such coverage must be as considerate as possible.
Victims of crimes or accidents must be paid the greatest possible regard. The same applies to witnesses and the relatives of the persons concerned. Consideration and tact must be demonstrated in connection with the collection and dissemination of images and comments. Heightened awareness is required in connection with dissemination in real time. In connection with the coverage of hostage-taking situations, added regard must be paid to the wishes expressed by those acting on behalf of the hostage.
Advertisements and sponsored content must be distinguished from editorial content and must be clearly declared.
Special regard must be paid to children and other persons who cannot be expected to realise the effects of their statements or other involvement. Where required due to the nature of the subject and the minor’s age, parental consent must be obtained prior to publication.
In connection with the collection or publication of information, advantage must not be taken of the trust, feelings, ignorance, lack of experience or lack of self-control of others.
Clandestine recordings must not be published unless the persons involved have given their consent, or unless public interest clearly supersedes the individual’s right to protection, and it is either impossible or possible only with great difficulty to obtain the necessary journalistic evidence in another way.

C. Court reporting

The general guidelines on press ethics listed under A and B also apply to court reporting.
The guidelines on court reporting also apply to the preliminary steps of a lawsuit or a trial, including the processing of criminal cases by the police and the prosecution service.
Court reporting should be objective. At any stage during the preliminary steps and in the court proceedings, the medium must aim at a qualitatively equal representation of the points of view of the parties (that is, in criminal cases, the points of view of the prosecution service and the defence, respectively). Coverage of a criminal case should be followed up by an account of the conclusion of the case, whether this takes place in the form of a withdrawal of charges, acquittal, or conviction.
Family situation, race, ethnicity, nationality, religious persuasion, sexual orientation, or membership of organisations should be mentioned only where relevant to the case.
As long as a criminal case has not been finally decided or the charge has not been withdrawn, no information may be published which may obstruct the elucidation of the case, nor may pronouncements to the effect that a suspect or accused is guilty be published. When reporting on a criminal case, it must clearly appear whether a suspect or an accused has pleaded guilty or not guilty.
To the greatest possible extent, a clear objective approach must be followed in deciding which cases are to be covered, and in which instances the names of the persons involved are to be mentioned. The name or any other identification of a suspect or an accused should be omitted if no public interest calls for the publication of the name.
Caution must be exercised when publishing information stating that a person mentioned by name has been reported to the police. Such information should not be published until the police or the prosecution service have intervened based on the report made to the police. However, this does not apply to information referred to by the person who has been reported to the police, or where the offence reported is already widely known or is of great public interest.
A person suspected, accused or convicted of an offence must be spared from having attention called to an earlier conviction if such conviction is insignificant to the offences of which he or she is now suspected, charged or convicted. As a rule, such previous criminal charges against a named person should not be mentioned in any other connection.

D. Anonymisation, deindexing and unpublishing

Information published in digital media will often be accessible for a long time after its publication. When so requested, the relevant media must determine whether it is possible and reasonable to prevent access to previously published sensitive or personal details, even where such previous publication was in compliance with sound press ethics.