TV 2 takes case to the European Court of Human Rights

TV 2 is seeking to have a principled case concerning press freedom examined by the European Court of Human Rights in Strasbourg. This follows the decision by the Appeals Permission Board to refuse leave for the case to be brought before the Supreme Court.

The TV station said this in a press release.

The case stems from a ruling by the Eastern High Court in October, which ordered TV 2 to hand over raw footage and internal editorial material, including text messages, to the police in connection with a criminal case against lawyer Lise Roulund. She appears in the documentary series The Black Swan (Den Sorte Svane), and both the prosecution and her defence have requested access to TV 2’s material.

The decision has been met with widespread criticism from the Danish media sector, which argues that the case raises fundamental questions about press freedom and the protection of sources. DR and the Danish Media Association have also submitted a formal statement of support for TV 2’s application to have the case heard by the Supreme Court.

“When virtually all media outlets in Denmark appear to agree that important principles are at stake, it is difficult for us to understand why the Appeals Permission Board has rejected the case,” says Michael Nørgaard, Editor-in-Chief of Documentaries at TV 2.

Fear of impact on sources

TV 2 fears that the ruling could have a so-called chilling effect, in which potential sources refrain from contacting the media out of concern that their confidential communications may be handed over to the authorities.

“In this case, we are seeking to protect future journalistic projects from interference by the police and other authorities – but also to send a clear signal to all sources: the confidential dialogue between sources and journalists is sacred, and we will fight to preserve it,” Michael Nørgaard says.

TV 2 expects to submit its application to the European Court of Human Rights as soon as possible.