Freedom of speech in Denmark

Freedom of speech and freedom of the press in Denmark are ensured by § 77 of the constitution:"Kapitel VIII" (Part 8), Danmarks Riges Grundlov (Grundloven) (Danish Constitution) (in Danish). (English translation) Anyone is entitled to in print, writing and speech to publish his or hers thoughts, yet under responsibility to the courts. Censorship and other preventive measures can never again be introduced.

There's widespread agreement in Danish legal theory that § 77 protects what is called "formal freedom of speech" (formel ytringsfrihed), meaning that one cannot be required to submit one's speech for review by authorities before publishing or otherwise disseminating it. However, there is disagreement about whether or not § 77 covers "material freedom of speech" (materiel ytringsfrihed), the right to not be punished for ones speech. There is agreement that the phrasing "under responsibility to the courts" gives legislators some right to restrict speech, but conversely, there have been several court decisions implying that some material freedom of speech does exist. The discussion is about whether the material speech has limits or not, and if so, what those limits are.See for differing perspectives on the issue.

The major punishable acts are child pornography, libel, and hate speech/racism, which are restricted by the Danish penal code. Like most other countries, Denmark also forbids publishing classified material harmful to state security, copyright-protected material without permission, and revealing trade secrets in the civil law.

In 2004, 2005, and 2009 Denmark received a joint first place in the Worldwide Press Freedom Index from Reporters Without Borders."Press Freedom Index 2004" , "Press Freedom Index 2005" , "Press Freedom Index 2009" , Reporters Without Borders, accessed 12 August 2012 Since 2011, Denmark has consistently been in the top-10 out of 179 countries in the index and it was fourth in 2016."Press Freedom Index 2011-2012" , Reporters Without Borders, accessed 12 August 2012"World Press Freedom Index 2013" , Reporters Without Borders"World Press Freedom Index 2014" , Reporters Without Borders"World Press Freedom Index 2015" , Reporters Without Borders"World Press Freedom Index 2016" , Reporters Without Borders It has, however, performed worse in indices measuring academic freedom to Danish universities and researchers.

Child pornography The provision against child pornography are set down in §§ 235 and 230 of the penal code:"Straffeloven kapitel3 24: Forbrydelser mod kønssædeligheden" (Penal Code Chapter 24: Crimes against sexual morality) (in Danish). Synopsis. Retrieved 17 August 2012. (English translation)"Om blokeringsordningen mod børneporno" (About blocking scheme against child pornography) (in Danish), Danish National Police, 16 July 2012. Retrieved 16 August 2012. (English translation)

§ 235. Dissemination of obscene photographs or films, other obscene visual reproductions, or similar depictions of persons under 18. § 230. Taking indecent photographs, films, etc. of a person under 18 with intent to sell or otherwise disseminate.

Libel The provision against libel is set down in § 267 of the penal code:

Blasphemy For 151 years, up until the middle of 2017, blasphemy was forbidden by § 140 of the penal code:

The law was rarely used by prosecutors, however. In 1997, a Danish artist burned a copy of the Bible on a TV news show broadcast by the publicly funded Danish Broadcasting Corporation. The artist was never charged with blasphemy. Only two people were ever convicted under the law during its lifetime and from 2007 to 2017, only 4 complaints of violating the law were reported to law enforcement. Bills repealing the law had been proposed multiple times, but none were successful"Denmark section" in Annexe II: Analysis of the Domestic Law Concerning Blasphemy, Religious Insults and Inciting Religious Hatred in Albania, Austria, Belgium, Denmark, France, Greece, Ireland, the Netherlands, Poland, Romania, Turkey, United Kingdom on the basis of replies to a questionnaire, European Commission for Democracy Through Law (Venice Commission), Council of Europe, 22 October 2008. Retrieved 16 August 2012 until 2017 when the first prosecution since 1971 was filed against a man for posting a video of him burning the Quran on Facebook, reigniting the debate over the law. Parliament voted to repeal the law, with 8 of the 9 parties in the Folketing supporting the repeal.

Hate speech and racism

The rules against hate speech and racism are set down in § 266b of the Danish penal code:

Free speech advocate Lars Hedegaard was prosecuted under this statute for remarks made to a blogger in December 2009 criticizing Islam. He was first acquitted in the District Court in January 2011, then convicted upon appeal to the High Court in May 2011, and finally acquitted by the Danish Supreme Court in April 2012, which ruled that it could not be proved that he intended for the statements to be published.Pia Buhl Andersen (20 April 2012). "Lars Hedegaard is acquitted of opinions about Muslims" (in Danish). Politiken.DK. Retrieved 16 August 2012. (English translation) Danish politician Jesper Langballe pleaded guilty and was convicted of hate speech for comments he made about rape and honour killings in Muslim families in a newspaper article in connection with Hedegaard's case."Jesper Langballe admits defamation after Muslim rape comments" , IceNews, 14 December 2010. Retrieved 16 August 2012

State security

In February and March 2004, three Berlingske Tidende journalists, Michael Bjerre, Jesper Larsen, and Niels Lunde, were prosecuted for "harming state security" after publishing the details of classified intelligence reports about the lack of weapons of mass destruction in Iraq. In December 2006 the three were acquitted by a Copenhagen court."Three Berlingske Tidende Journalists Acquitted of State Security Charges" , Reporters Without Borders, 4 December 2004, accessed 16 August 2012

Flag flying The flying of all flags (including the Danish national flag) by the general public was banned in 1833 (effectively 1834) during the absolute monarchy of Denmark; this ban was later loosened in 1854 to allow foreign ambassadors to fly their own national flags from their residences, as well as allowing anyone to fly the Danish civil flag. In 1915, following a 1914 amendment to the Danish penal code, an executive order was issued, reiterating the aforementioned ban on flying foreign flags but also providing an exception that the police could allow flying a foreign flag on occasion. Several executive orders later allowed the flying of the flags of the Nordic nations, including the Faroe Islands and Greenland (the latter by an act, rather than an executive order).

On 22 June 2023, the Supreme Court of Denmark ruled that the 1915 executive order was not enforceable under Danish law, thus effectively allowing any flag to be flown; the Ministry of Justice subsequently redacted all executive orders relating to the flying of foreign flags.

Academic Freedom According to the Danish University Act, both institutional and individual academic freedom are protected at Danish universities. In 2017, Denmark ranked 24th out of the 28 EU countries in academic freedom. In a 2024 study, it ranked 32nd out of 179 countries.

According to the union DM, researchers have raised concerns about political criticism or interference in work deemed controversial or politically inconvenient. Precarious employment and limited job security can undermine independence and research quality, especially for early-career scholars. Growing competition for external funding and pressures to demonstrate relevance, innovation and collaboration may constrain the pursuit of basic or curiosity-driven research. In addition, limited awareness and dialogue about academic freedom in the Danish public contributes to its vulnerability.

In 2021, a political campaign in Denmark targeted what critics called “pseudo-research and activism,” culminating in parliamentary resolution V137 on “excessive activism in certain research environments.” Although the resolution introduced no concrete measures, it warned universities to ensure strict academic self-regulation, and some conservative politicians went so far as to demand ministerial intervention, lists of “dangerous” study programs, and even the closure of specific research environments.

Over 3,000 academics signed a petition in Politiken arguing that the resolution constituted an attack on academic freedom and would encourage self-censorship. They also warned that social media had become a venue for intimidation and harassment of researchers during the controversy.

Already in 1986, the Danish state decided to close the education in Sociology at Copenhagen University, on the grounds that the institute "existed in its own self-referential world, produced few publications in international journals, and failed to reflect the pluralism the discipline had to offer". This governmental intervention into what should be taught at universities, and what should not, is controversial to this date. In 2025, Morten Messerschmidt, leader of the Danish People's Party (DF), proposed closing Roskilde University, due to it being "woke" and a "political institution". Danish Politicians from the DF and Liberal Alliance had threatened the university with closure already in 2023.

Freedom of speech in Denmark

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