DENMARK

Expert assessments: Data disclosure

It is true that Denmark’s Radio and Television Board (RTB) can require certain data from broadcasters in order to obtain a broadcast license. However as the licensing authority for broadcasters and electronic media, the RTB’s regulatory oversight is confined to public and commercial TV and radio and does not include the print or online press. Hence, registration requirements apply to electronic media, including TV-like services on electronic networks, but as with most European systems, electronic newspapers and print media are not required to register.42 Broadcast and electronic media are required to provide basic business and media activity information to register with the RTB, as specified in the Radio and Television Broadcasting Act (BAct).43 Any information requested must be relevant to the RTB’s administrative proceedings, which is made explicit in the statutes of the RTB44—information cannot, for example, be requested for statistical or market-research purposes. The data that RTB collects as part of the registration process is not public information.

According to Section 39 of the Radio and Television Broadcasting Act, operators are obligated to provide the RTB with any information and to submit any written statements that are requested. This comes in addition to the basic responsibility for broadcasters to register with the RTB, which means providing the information for registration according to criteria established by the Ministry of Culture.

Data required to register includes operator’s name and location, type of enterprise, ownership structure and corporate governance, funding system (advertising, sponsorship, and user fees), geographic area of target audience, and language of service. 45 The RTB can require any additional information it considers necessary (for instance, information about company headquarters in order for the RTB to determine if Denmark is the correct country of jurisdiction). There are no particular penalties for not providing information but organisations that fail to comply will not be granted a license or be allowed to register. The information given for registration about such details as program plans is not binding—unlike plans described in a competitive tender for a license. The purpose of registration is generally to document a name and address in case there are complaints or problems arise.

Public access to administrative data, including that provided by media outlets in the course of registration, is regulated by Law on Public Administration Files.46 Private or propriety information is not made accessible to the public. The RTB has the power to decide on requests for access to this information. In most instances, RTB will follow the wish of the registered enterprise.

41 See “Criticism 20,” in “Criticisms and answers formulated on the subject of the proposed media act examined in a Europea context,” Ministry of Public Administration and Justice, December 20, 2010, available at: http://www.kormany.hu/en/ministry-of-public-administration-and-justice/news/criticisms-and-answers-formulated-on-the-subject-of-the-proposed-media-act-examined-in-a-european-context 42 Pursuant to The Media Liability Act, print media must have an editor, but registration is not required. The name of the editor must appear in the medium. “Section 3: Any domestic periodical publication shall specify the name of the responsible editor subject to subsection 2 of this section, in the following referred to as the editor. Subsection 2. By editor shall be understood the person authorized to make the final decisions concerning the content of the publication. No publication can have more than one editor.” For “electronic newspapers,” the Media Liability Act offers a voluntary registration (Section 8) with the Danish Press Council. 43 The official English translation of the BAct is not up to date in all details, but all the sections cited in my review are valid and reflect current regulations. http://kum.dk/Documents/English%20website/Media/Promulgation%20of%20the%20Radio%20and%20Television%20Broadcasting%20Act%202010.pdf 44 RTB Statutes (Bekendtgørelse om forretningsorden for Radio- og tv-nævnet) BEK Nr. 199 af 09/03/2011, Section 7: “Radio and Television Board may request from DR, the regional TV 2-companies, the licensee, provider of on-demand audio-visual program services or registered company any information which is relevant to Board proceedings,” available in Danish at: https://www.retsinformation.dk/Forms/R0710.aspx?id=130031. 45 “Ministerial order No. 100 of 28/01/2010 On program services on the basis of registration and on-demand audio-visual program services,” available in Danish available at: https://www.retsinformation.dk/Forms/R0710.aspx?id=130027#K2 The procedure for registration with RTB is described here (in Danish): http://www.bibliotekogmedier.dk/medieomraadet/tv/start-af-en-tv-station/. 46 Law on Public Administration Files (Law nr. 572 19/12/1985), available in Danish at: https://www.retsinformation.dk/Forms/R0710.aspx?id=59474.