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In 1999 two private limited companies, established under Danish law with the purpose of broadcasting TV programmes targeted at Kurdish people obtained a license from the Danish television authorities to broadcast television programmes via satellite from Denmark. In 2003 the companies obtained permission to establish a new television channel under the name of ROJ TV. The channel’s headquarter was in Denmark where the editorial decisions were also taken. In the following years ROJ TV was several times accused of broadcasting programmes that promoted the Kurdish liberation movement PPK, by many regarded...

On 22 September 2011, the Court of Justice of the European Union (ECJ) published its judgment in the joined cases C-244/10 and C-245/10 following references for a preliminary ruling from the German Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) concerning the interpretation of the ban on the broadcast of programmes that incite hatred, enshrined in Article 22a of the Television Without Frontiers Directive 89/552/EEC (now: Article 6 of the Audiovisual Media Services Directive 2010/13/EU). The related national procedure concerned an order issued by the Bundesministerium des Innern...

On 5 May 2011, Advocate General (AG) Bot gave his opinion to the Court of Justice of the European Union (ECJ) in the joined cases C-244/10 and C-245/10. It concerned a reference for a preliminary ruling submitted by the German Bundesverwaltungsgericht (Federal Administrative Court - BVerwG) on the interpretation of the ban on the broadcast of programmes that incite to hatred, enshrined in Article 22a of the “Television Without Frontiers” Directive 89/552/EEC (TWF, now: Article 6 of the Audiovisual Media Services Directive 2010/13/EU, AVMSD). The related national procedure concerned an order issued...

In a recent landmark case the Danish Supreme Court decided the criteria for calculating compensation and damage in illegal file-sharing cases. The decision also contained an interesting reasoning regarding the assessment of evidence in these cases. The case concerned whether a person (A) by use of a software programme, Direct Connect, had made a large number of musical works available to the public from his computer in violation of the Copyright Act. The rightsholders had via a specially developed programme established contact with a certain IP address over a period of time and obtained computer-generated...

In two press releases on 23 March 2011 and 20 April 2011, the European Commission reported on its recent decisions approving Danish financing measures. The first decision concerns the approval of funding for the new public radio channel FM4 using financial resources from the license fee. According to the Commission, this could constitute State aid since the amount of DKK 800,000 is paid out of the budget of the Danish State and favours a single undertaking. However, when the four criteria from the Altmark judgment are met, State measures compensating public service costs do not qualify as State...