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IRIS 2021-7:1/14 [DK] Partial transposition of the DSM Directive

On 3 June 2021 Denmark passed a bill in parliament, whereby the DSM directive Article 15 on press publications and Article 17 on online content-sharing service providers plus the SatCabII directive are implemented in the Danish Copyright Act. The key concept of the new legislation is rights clearance. Going further than the SatCabII directive, the new legislation also introduces a possibility of clearing rights via extended collective licensing when TV distributors and other third parties redistribute independent streaming services, i.e. non-broadcaster streaming services, such as Netflix, HBO...

IRIS 2021-5:1/9 [DK] Draft implementation of EU copyright directives

After a short public hearing on 26 March 2021, a bill was introduced in parliament which implements in Danish law Articles 15 and 17 of the Directive 2019/790 on copyright and related rights in the Digital Single Market (DSM Directive) as well as the Directive 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (SatCab II Directive). The bill’s keyword is rights clearance. Going further than the SatCab II Directive, the bill...

IRIS 2018-7:1/2 European Court of Human Rights: ROJ TV A/S v. Denmark

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...

IRIS 2018-2:1/2 European Court of Human Rights: Frisk and Jensen v. Denmark

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,...

IRIS 2013-6:1/15 [DK] Reintroduction of Ban against Product Placement

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...