International Handbook of Social Media Laws by Lambert Paul;

Author:Lambert, Paul;
Language: eng
Format: epub
Publisher: Bloomsbury Publishing Plc
Published: 2014-08-15T00:00:00+00:00

Chapter C8

Denmark

Alexandra Huber/Karina Emmertsen

Lead Advokatpartnerselskab

C8.1INTRODUCTION

Denmark is an EU member state and is a Civil Law jurisdiction.

C8.2SPECIFIC SM AND SN LAWS

In line with the Scandinavian law system, we do not have any specific SM and SN laws, but the usage of SM will be regulated by the applicable laws in Denmark, for instance the Criminal Code, the Marketing Practices Act and the Employment Act.

C8.3SM CRIMINAL LAW CASES

There are a number of cases relating to actions online that are covered by the Criminal Code. Primarily, they involve actions of threat against other persons in open debate fora.

In 2010, for instance, a person was convicted for threatening a prominent politician and sentenced to 20 days of jail on probation for having threatened to kill the politician in an open debate forum on Facebook (see U.2010.2085Ø).

C8.4SM CIVIL LAW CASES

None.

C8.5CASES WHERE SM-RELATED EVIDENCE USED OR ADMISSIBLE

We see a number of cases in which the usage of SM sites has been used as evidence. For instance, in matrimonial cases, it might be used to document the type of relationship between the parties, or to document the behaviour of one party (see V2012.B.1633.12). Mostly Facebook posts are used as evidence to prove whether a specific statement in question was made or where a person was located.

C8.6SPECIFIC ONLINE ABUSE/ONLINE BULLYING/CYBERBULLYING LAWS

Denmark has not passed a parliamentary law regarding online bullying, even though it has been proposed several times in the last years by different political parties. But, so far, no actual initiative has been brought before the parliament. Where the bullying issue is located in the school environment, it is the general view that this issue is dealt with on the school level. However, certain organisations, such as Red Barnet (part of Save the Children), are focusing on the problem, and many schools have implemented anti-bullying action plans. Likewise, employers are advised to implement such plans if necessary to ensure a safe working environment.

C8.7OTHER LAWS APPLIED TO ONLINE ABUSE/ONLINE BULLYING/CYBERBULLYING

Any case of bullying may be covered by the Criminal Code, if applicable. Where the bullying issue is located in the work environment, the employer may face damages if he does not provide for a safe and sound work environment.

C8.8CHILDREN AND SM LAWS OR RULES

The consumer ombudsman has provided for guidelines regarding the usage of SM in relation to advertising, including advertisements directed to children and teenagers. These guidelines are based on the EU Directives and prohibit any advertisement that makes use of the simple-mindedness of young people. Additionally, it will be regarded as misleading if the advertisement directly invites the recipient to go to the store and purchase the product or if it suggests convincing the parents to make the purchase.

Additionally, the Media Council for Children and Young People as part of the Danish Film Institute is monitoring the usage of digital media by young people and provides for parental guidelines and, for instance, age limits in films and computer games.

C8.9EMPLOYEES/EMPLOYMENT SM LAWS OR CASES

There are no specific laws or rules, but we have seen cases. There are

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