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ANNUAL REPORT 2014
H. MINISTRY OF CULTURE
The following statements on cases concluded in 2014 have been published:
2014-12. FREEDOM OF SPEECH FOR THE DANISH BROADCASTING
CORPORATION (DR) EMPLOYEES
In May 2013, a programme presenter at the Danish Broadcasting Corporation
(DR) wrote a feature article in a daily newspaper in which he expressed his
personal and strong dislike of religion.
At the end of May 2013, the programme presenter was summoned to a disciplinary interview with his immediate superior. At the meeting he was given
a disciplinary reprimand and also told to get permission from his immediate
superior if he in future wanted to express his personal opinions in the public
domain.
DR’s reaction to the programme presenter’s article was covered by the press in
October 2013, and the Ombudsman decided to take up the case on his own
initiative. In November 2013 DR withdrew the imposed and unconstitutional
censorship. Instead, DR composed a new management response to the programme presenter which said that he had to expect that it might be necessary to
reallocate him if he made any similar expressions in future.
In his case report, the Ombudsman approved DR’s guidelines for the private
statements of employees.
At the same time, the Ombudsman found that DR’s handling of the actual case
was clearly outside those guidelines and that it was cause for severe criticism
that DR had, among other things, applied a censorship measure in breach of
section 77 of the Danish Constitutional Act.
The Ombudsman also stated that it was difficult to understand that DR’s administrative procedures had made such mistakes possible.
As the new management response from November 2013 did not contain any
specific explanation as to why the feature article was incompatible with the
function as programme presenter, the Ombudsman recommended that DR
reconsider the new management response.
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