Public prosecutor v. Roj TV A/S and Mesopotamia Broadcast A/S METV, S013000L- KHN, 3 July 2014

• 2014
• Denmark

Topics

Terrorism propaganda

Legal bases

European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930

Courts

Eastern High Court (Østre Landsret), Denmark

Laws

Freedom of Expression

Relevant links

• http://www.domstol.dk/oestrelandsret/nyheder/domsresumeer/Pages/RojTVdoemtforatfremmevirksomhedenforPKKsomterrororganisation.aspx
• http://www.domstol.dk/oestrelandsret/nyheder/domsresumeer/Documents/S-130-12.pdf

Facts

The company ROJ TV A/S and Mesopotamia Broadcast A/S METV had previously been found guilty at the City Courts of promoting terrorism in their broadcasting.

Legal grounds

Article 10 of the ECHR, Criminal Law.

Findings

In deciding whether the broadcasting had been of a criminal nature, the ECHR was referred to in two separate ways: 1) to decide to which extent the armed struggle PKK is engaged in could be considered legitimate freedom fighting when it was discussed to which extent the state of Turkey and the PKK respect the ECHR; and 2) to decide whether the broadcasting activities of the charged were protected by the ECHR's Article 10 on Freedom of Expression. In both cases, the ECHR was found not to impede on the sentencing.