History of Censorship in Denmark

Description: Scandinavian constitutional monarchy located in Northern Europe

Significance: During the 1960s, Denmark was in the forefront of countries that repealed most of their obscenity laws

A constitutional monarchy was first instituted in Denmark in 1849 by King Frederick VII, who called for a constitution to be written. It was not until the 1953 Danish constitution, however, that legislative authority would rest with both a parliament and the monarch. Along with Frederick VII’s constitution came many sweeping educational and social changes that were codified into law. One change involved the removal of censorship restrictions from the Danish press. The tradition of a free press continued into the twentieth century. Although journalists have the right to protect their sources, the law stipulates that all stories must have a named author. In addition to protecting the freedom of the press, Denmark made it clear in its 1953 constitution that individuals have the right to “publish their thoughts in printing, in writing, and in speech.” The only instances in which free speech can be curtailed involve defamation of character or hate speech against a person’s racial or ethnic background.

During the 1960s Denmark reexamined its antiobscenity laws. Prior to this time, it had been illegal to publish or distribute obscene material. In 1964 the Permanent Criminal Law Committee was given the task of studying the effectiveness of the current laws by the minister of justice. The committee published its findings in 1966, recommending that the obscenity laws be completely overhauled because there was no hard evidence that pornography did substantial harm to individuals or society at large. In June, 1967, the Danish legislature voted to do away with virtually all laws that regulated the publishing of obscene material. The only restrictions that would remain in the penal code involved the selling of obscene material to minors. The new law took effect in August, 1968, while laws regulating visual material would not be struck down until July, 1969.

Because of the changes in Danish obscenity laws, Denmark was viewed around the world as a country that had lost its moral bearings. Conservative forces in the United States, for example, spoke out loudly against allowing pornography laws to be abandoned as they had been in Denmark. The Danish documentary Pornography in Denmark (1970) was banned in Essex County, New Jersey, in 1971, and the semidocumentary film Sexual Freedom in Denmark (1970) was banned in New York City during the same year. Although many other countries took issue with Denmark’s position on pornography, Denmark believed that it had found a rational approach to the issue. There were some excesses after the new obscenity laws took effect in regard to child pornography and live sex shows, but modifications to the laws were made and such activities became criminal offenses.

Since the 1980s Denmark has grappled with the issue of hate speech. Although it has been illegal to speak out against another person’s race or ethnic background, an exception in the law takes into consideration the concept of “in the public interest.” In 1989 the Danish Supreme Court decided a case concerning two television journalists who had broadcast an interview with a known racist group called the Green Jackets. A lower court had found the journalists guilty of aiding and abetting hate speech; the Supreme Court upheld the conviction, stating that there was no larger public interest that outweighed the rights of others who could be harmed by the racist thoughts of the Green Jackets. In 2009 right-wing political commentator Lars Hedegaard was prosecuted for remarks deemed Islamophobic, but Hedegaard was acquitted in 2011 as it was found that there was insufficient proof that he intended his opinions to be made public. However, politician Jesper Langballe was tried for and convicted of hate speech for disparaging comments about Muslims made in connection to Hedegaard's case.

In another controversial case, an American named Gary Rex Lauck was extradited to Germany from Denmark so that he could stand trial for smuggling pro-Nazi and racist publications into Germany. A native of Lincoln, Nebraska, and the leader of the National Socialist German Workers’ Party—Foreign Organization, Lauck had become known to American authorities as the “Farm-Belt Führer.” From his base in Nebraska, he published neo-Nazi and racist pamphlets in several languages and distributed them around the world to subscribers. After German authorities had confiscated some of his publications in Berlin in March, 1995, Germany requested that Danish law enforcement officers arrest Lauck while he was in Denmark. Lauck was arrested on suspicion of smuggling and held until the legal details could be worked out for his extradition. On August 24, 1995, the Danish Supreme Court ruled that Lauck could be sent to Germany. Following this decision, Lauck filed a petition asking for political asylum in Denmark. His application was denied, and he was sent to Germany to stand trial. A year later a German court found Lauck guilty of hate crimes and sentenced him to four years in prison. At the trial, Lauck refused to testify. It was his lawyer’s contention that since Lauck was an American citizen that his activities were protected under American law and that a German court would have no jurisdiction.

Although it has been legal to publish and distribute neo-Nazi and white supremacist literature in the United States, laws covering such matters are different in many European countries, including Denmark and Germany, both of which have stringent laws concerning hate speech.

In the twenty-first century, the main concern regarding censorship in Denmark has been the country's blocking of sites that are determined to contain copyright-infringing content, as well as unlicensed gambling sites and foreign sites selling medicines.

Bibliography

Jones, Derek, ed. Censorship: A World Encyclopedia. New York: Routledge, 2015. Print.

Mchangama, Jacob. "Internet Freedom under Pressure in Denmark." Global Voices Advocacy. Advox, 31 May 2010. Web. 19 Nov. 2015.

"Nordic Countries." Open Net Initiative. Open Net Initiative, n.d. Web. 19 Nov. 2015.

Williams, Bernard. Obscenity and Film Censorship: An Abridgement of the Williams Report. New York: Cambridge UP, 1987. Print.