A/HRC/4/27
page 9
(Pressenævnet) in 1992, an independent public body entrusted with the verification of the
existence of two core conditions: (a) whether a publication is made contrary to media ethics;
and (b) whether a mass medium is obliged to publish a reply (rectification) including the
contents, form and placement of such reply. The Council receives and examines written
complaints submitted - by individuals or groups with a direct or indirect link with the matter within four weeks from its publication. Each year the Council examines approximately
145 complaints. The Council may also act ex officio, a move that it took only once, in 1997.
With regard to the “cartoons”, the Council rejected the two complaints it received on the basis
that they were submitted after the four-week deadline.
28.
The Danish Newspaper Publishers’ Association has adopted guidelines on media ethics,
which are also used by the Press Council together with its own jurisprudence.
29.
The Danish Broadcasting Corporation endorses total editorial freedom within the respect
of other fundamental rights. Its philosophy is that a journalist should have a strong case to
infringe other rights, acting for investigative purposes and on subjects of public interest.
30.
As reported by the Union of Journalists, the press is satisfied with the present level of
freedom of expression and it is not favourable to the introduction of new rules and laws,
especially international mechanisms that could jeopardize their freedom. Nonetheless, the
“Cartoons Affair” has provoked a very animated debate within the media: while everybody
defends the present status of freedom of expression, it was felt that the press should be more
responsible and conscious that in the global information society, opinions and views are recorded
and noted all around the world. The concepts of self-censorship and self-criticism have been
re-examined through the developments brought by the “Cartoons Affair” and the supremacy of
the right to freedom of expression is now seen in a new light.
31.
It was emphasized that drawings and caricatures are significant part of the iconic culture
used in Denmark to criticize personalities and lobbies, with the aim at highlighting a case that
can be of general interest and preoccupation for the citizens.
32.
It was also acknowledged that, within the exercise of freedom of expression, part of the
press does not hesitate to support discriminatory views and drastic measures that could limit the
phenomenon of migration. In addition, migrants and minorities are frequently targeted through
labelling in the media.
33.
Freedom of religion is thoroughly respected in Denmark, but it was evident that
expressions of religion and belief were generally not popular with a large part of the media and
other sections of society. Another element has to be taken into consideration: migration policies
are, like in several other countries, at the core of the political debate and certain political parties
have vigorously campaigned to convince a large part of the population that migrants are one of
the greatest emergencies nowadays in Denmark. As a result, laws on migration are presently
very strict. Nonetheless, Denmark has maintained its traditionally active approach to human
rights and humanitarian cooperation, and a significant part of the population appreciates and
promotes values like tolerance and solidarity.
34.
Within this framework, media representatives felt that, from their side, there was no
conspiracy, no plot behind the publication of the drawings, which was generally seen as an
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