12 | Annual Report 2018 The requirement of equality implies, among other things, that an authority which has given information to one news medium as part of awarding a news exclusive generally cannot decline to also give the information to another news medium who asks for it. This is also due to the general possibility for the public – including the media – to gain access to the files of the authorities. And in addition, the authorities will, according to circumstances, have to give guidance on the possibility of getting access to files if a news medium shows particular interest in getting information about a case in which a news exclusive has been given to another news medium. The general legal framework for the use of exclusives is described in more detail in, among others, Report No. 1443/2004, Chapter 9, English Summary on Civil Service Advice and Assistance to the Government and its Ministers. Not all news items can be given as exclusives The requirement of legitimacy means that the authorities cannot freely launch all new items as exclusives. As mentioned above, the political messages of the Government and the minister can in general be communicated as news exclusives. However, if it is not a political message, there is not usually a legitimate reason for launching a matter as a news exclusive. It is therefore necessary to distinguish between political matters and other matters. This was precisely a central theme in a recent Ombudsman investigation of the use of a news exclusive by the Ministry of Justice. The Ministry had made an agreement with the DR (Danish Broadcasting Corporation) and the national newspaper Jyllands-Posten that the two news media could bring the news as an exclusive that criminal proceedings would be instituted regarding the dissolution of the gang Loyal to Familia (LFT). (Case No. 2019-3). The Ministry of Justice believed that this was a political matter – particularly based on the great political interest surrounding the case. However, the Ministry also stated to the Ombudsman that the news – among other things because of its special historic character, general impact and public interest – should not have been launched as a news exclusive. The Ombudsman, however, did not find that the decision to institute proceedings against LTF could be deemed a case of a ‘political nature’. This is because a decision to institute criminal proceedings – among other things in the light of the so-called objectivity principle applying to the prosecution service – can solely be based on the objective assessments of the professional prosecution. Thus, criminal proceedings cannot be instituted based on political considerations. Certain political cases cannot be launched as news exclusives The Government’s political initiatives lie at the core of what a ministry can make the subject of a news exclusive. But even if the cases are political in nature, it is not certain that there are legitimate reasons for launching them as news exclusives. This applies, for instance, if the case is of such public interest that the regard for getting extensive public coverage does not weigh heavily. As examples of such cases, Report No. 1443/2004 on Civil Service Advice and Assistance mentions, among other things, a decision to call a general election or to hold a public referendum and a decision to participate in a deployment of troops abroad.