The Danish government has announced its intention to introduce a public-funded Ombudsperson for the media with broad legal powers concentrated into a single state-appointed institution. The European Federation of Journalists (EFJ) joins the partners of the Media Freedom Rapid Response (MFRR), as well as Danish media and journalist groups in opposing the proposal, warning that rather than strengthening the existing media regulatory framework, it would weaken the role of the Press Council and risks creating new avenues for unjustified or politicised interference in healthy media ecosystem.
The role and powers given to the new Media Ombudsperson were outlined by the Danish Media Liability Committee, a working group tasked with reviewing the ethical rules applicable to the media sector, in a report published in January 2025.
In its recommendations, the Media Liability Committee proposed to introduce an independent public Media Ombudsperson which would possess dual powers that directly influence editorial content, including the ability to report defamation and libel cases to the police and to investigate these cases independently. Furthermore, the Ombudsperson could intervene as a third party in civil cases, expanding participation beyond plaintiffs, defendants, and legally interested parties. The institution would also have access to state-funded legal aid for cases within its remit.
In a legal opinion, the European Centre for Press and Media Freedom (ECPMF) warned that granting broad concentrated powers to a state-funded and state-appointed body risks undermining the vital separation between the state and the press.
In particular, the Danish Media Ombudsman would be empowered to refer matters to the Press Council and even make recommendations for decisions if he or she believes a publication violates good press practice. This influence over an independent press council would weaken the entire framework that protects free and responsible journalism in Denmark.
Second, the power to directly report cases of defamation and libel to the police and launch an independent investigation represents a potentially dangerous expansion of criminal law powers. We warn that, if abused, it could lead to increased judicial intimidation of journalists and the media.
While the MFRR in principle welcomes initiatives to bolster media ethics and build public trust in media, we jointly warn that the proposal’s unprecedented new regulatory powers carry unnecessary risks to media freedom that strongly outweigh potential benefits that such a new role could bring.
The MFRR partners also echo the recent concerns of the Nordic media and journalists’ organisations after the Culture Minister and several Members of Parliament expressed support for the proposal.
In light of the ECPMF’s legal opinion, and the strong opposition from leading journalists and press freedom organisations at national and European level, we call on the Danish government to reject the recommendation of the Media Liability Committee.
We further encourage the Government to continue the dialogue with the representative organisations regarding any changes to the media regulatory framework to ensure, on one hand, compatibility with European standards and, on the other, strong support from the media sector.
Signed:
- European Federation of Journalists (EFJ)
- European Centre for Press and Media Freedom (ECPMF)
- International Press Institute (IPI)
- Osservatorio Balcani Caucaso Transeuropa (OBCT)
Source: EFJ
