Denmark / Eastern High Court / U.2014.2648Ø

Country

Denmark

Title

Denmark / Eastern High Court / U.2014.2648Ø

View full Case

Year

2014

Decision/ruling/judgment date

Tuesday, May 20, 2014

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Eastern High Court of Denmark

Key facts of the case

A Danish politician and former MP, T. was found not guilty of racism. She had posted a picture on her Facebook profile of two women wearing Burqas standing next to two black garbage bags, alongside the text “hehe, remember trash day tomorrow ;))) . . .”

Main reasoning/argumentation

T. was charged with violating the Danish Penal Codes known as “the racism paragraph”.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The "racism paragraph" requires a statement to be both degrading and humiliating and made with intent of publication. The question in this case was whether T. had intended for the statement to be made public. T. argued that the statement was posted on her private Facebook-profile.

Results (sanctions, outcome) and key consequences or implications of the case

T was found innocent. Three judges or jurors found that the statement was not suitably degrading or humiliating. Two judges or jurors found that the statement was suitable degrading or humiliating.

Key quotation in original language and its unofficial translation into English with reference details

”Meddelelsen er lagt ud på den private facebook-profil, men efter oplysningerne om antallet af venner på denne profil og særligt under hensyn til, at tiltalte var bekendt med, at oplysninger fra den private profil kan blive udbredt til en videre, ubestemt kreds af personer, må meddelelsen anses for at være fremsat med forsæt til udbredelse i en videre kreds.”

“The message is posted on the private Facebook-profile, but after the information on the number of friends on this profile, and paying special attention to the fact that the defendant knew, that the information on the private profile could be distributed to a wider, unspecified group of people, the message must be considered as posted with intent of publication.”

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