SUMMARIES OF SELECTED CASES
q. MINISTRY OF TRANSPORT
No cases concluded in 2013 were selected for publication as part of the Annual
Report.
r. MINISTRY OF FOREIGN AFFAIRS
The following case concluded in 2013 was selected for publication as part of the
Annual Report:
2013-20. Refusal of International Press Centre to
accredit journalist prior to state visit
The Danish Union of Journalists complained to the Ombudsman because the
International Press Centre (IPC) had refused to accredit a journalist prior to a
state visit from South Korea in May 2011.
Prior to its refusal, the IPC had obtained a security assessment from the Da
nish Security and Intelligence Service (PET), which stated that it could not
recommend accreditation. Subsequently, the IPC refused accreditation without
knowing the grounds for PET’s recommendation, and thus without making an
individual assessment of the circumstances of the journalist and the case. The
Ombudsman found this to conflict with the principle that decision-makers who
have a duty to exercise discretion cannot restrict that discretion by automatically
applying guidance or policy.
Furthermore, it is evident from the case information that as grounds for not
recommending accreditation, PET had given weight to factors from several
years before, among other things a sentence for violence. The Ombudsman considered whether these factors could have justified refusal of accreditation at all
if the IPC had weighed up the information – as it ought to have done. Based on
the information available, the Ombudsman did not find that these factors could
have constituted sufficient grounds for refusal of accreditation.
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