Denmark

[DK] New Bill for appointment of members to the board of directors of the Danish Broadcasting Corporation

IRIS 2025-3:1/6

Terese Foged

Lassen Ricard, law firm

On 27 February, a bill on a new model for appointing members to the Danish Broadcasting Corporation, DR board of directors, was put forward in the Danish parliament. The first treatment in parliament is planned for 20 March.

The purpose of the bill is to implement the political agreement on a new appointment model for DR's board, which was reached by a broad majority in the Danish parliament in April 2024. The political agreement is based on recommendations by the Committee on DR's Board of Directors from January 2024.

The bill subsequently comes to a consultation process ending in January 2025, with positive responses.

In a Ministry of Culture, press release on new requirements for board members of DR, the Minister of Culture stated that it is important to ensure that "DR has a board that has the competencies needed to lead and develop all of Denmark's public service institution in a challenging digital media reality. We are tightening the requirements for the professional and managerial competencies needed to be appointed to the board."

According to the bill, the new appointment model will ensure that DR has a professionally strong, independent and popularly supported board with the right competencies to lead DR.

The main points of the future appointment model for DR's board are the following: an appointment body appoints six members; the Minister of Culture appoints three members, including the chairman of the board; and DR's employees appoint two members.

The new competence requirements that will form the basis for the appointments to the board shall:

- take into account the professional and managerial competencies that are necessary to run DR. At the same time, they reflect the fact that DR, as Denmark's overall public service media company, plays a unique role and has a special responsibility to reach the entire population of Denmark with relevant media and cultural content.

- fall into three categories: 'Media, technology and user habits', 'popular anchoring, culture and public service' and 'management'.

- set up stricter requirements for the chairman of the board, among other things: top management experience in larger organisations.

The appointment body will work so that the six largest parties in Parliament each elect one member to the appointment body, which jointly appoint six members to DR's board. The appointment body must make its appointments based on statutory competencies and is set up for a term of three years.

As to the three members, including the chairman of the board, appointed by the Minister of Culture, these appointments must also be based on statutory competencies. The Minister shall appoint the vice-chairman of the board from among the six members appointed by the appointment body.

Finally, the term of appointment to DR’s board is reduced from four to three years. The existing rule that re-appointment can only take place once is repealed, and a new rule is introduced under which board members can serve for a maximum of 12 years.

According to the bill, the new model for appointing board members will come into force in 2027.

It follows from the European Media Freedom Act, which will fully apply in August 2025, that EU member states must ensure that the top management of public service media is independent, that the appointment process is transparent and that pre-determined criteria are used as a basis for the appointment.