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The European Court of Human Rights (ECtHR) has rejected the application by the Denmark-based TV company ROJ TV A/S, which was convicted and deprived of its licence because some of its programmes were considered to have promoted the Kurdistan Workers’ Party (PKK), which is listed as a terrorist organisation within the EU and in the US, Canada and Australia. The case concerned the conviction of ROJ TV A/S for terrorism offences, as the Danish courts had found that a series of programmes broadcast by ROJ TV A/S between 2006 and 2010 had promoted the PKK. The Danish courts had found it established...

On 5 December 2017, the European Court of Human Rights (ECtHR) delivered its judgment in the case of Frisk and Jensen v. Denmark. The applicants in the case were journalists with the public broadcaster Danmarks Radio (DR), and had produced the documentary “When the doctor knows best”, broadcast in September 2008. The documentary concerned the treatment of pleural mesothelioma cancer at Copenhagen University Hospital, where consultant S was in charge of treatment. It focused on two types of chemotherapy medication (Alimta and Vinorelbine) used by the hospital, and followed four patients and relatives,...

On 21 May 2013, the Lov om ændring af lov om radio- og fjernsynsvirksomhed og lov om TV 2 (Act  amending the Broadcasting Act and the Act on TV2) has been adopted. In addition to other amendments, it reintroduces the ban on product placement in Danish media. There has always been a significant political opposition against product placement in Denmark. Even before the Directive for Audiovisual Media Services (AVMSD) was implemented into Danish law, product placement was formally banned completely. Practice, however, to some extent condoned product placement in programmes that were produced abroad. With...

On 26 April 2012, the Court of Justice of the European Union (CJEU) delivered a judgment in the case of DR, TV2 Danmark A.S. v. NCB-Nordisk Copyright Bureau. The applicants at national level are DR, a public radio and television broadcasting organisation, and TV2 Denmark, a commercial public television broadcasting organisation. TV2 and DR broadcast radio and television programmes produced both in-house and by third parties under specific agreements. The defendant in the main proceedings is Nordisk Copyright Bureau (NCB), a company that administers the rights to record and copy music for composers,...

On 3 May 2012 the Nordic Consumer Ombudsmen presented a Joint Position regarding marketing in social media. These kinds of guidelines are not legally binding, but are generally well regarded and relied upon by Swedish courts when determining good market practices. In the Joint Position, the Nordic Consumer Ombudsmen confirmed that Marknadsföringslagen (the Swedish Marketing Practices Act - MPA) is technology neutral and applies in full to social media. The Joint Position deals among other things with issues such as (i) unsolicited commercial messages, especially relating to Facebook as this was...