Jersild v. Denmark

Jens Jersild (plaintiff), a Danish citizen, was a journalist working for Sunday News Magazine (SNM), a serious television program produced by Danmarks Radio. SNM assigned Jersild to produce a documentary about the Greenjackets, an extremist group known for their racism and xenophobia. Jersild recorded interviews with several members of the Greenjackets, during which the Greenjackets made numerous racist and xenophobic statements, used racial slurs, and condoned violence against immigrants. Jersild edited the recorded interviews into a short, broadcast-ready segment highlighting the Greenjackets’ racist extremism and criminal history. Immediately before airing the segment, an SNM presenter stated that the segment was being aired to further the ongoing public discussion of racism in Denmark. After the segment aired, the City Court of Copenhagen charged and convicted Jersild for aiding-and-abetting the dissemination of the Greenjackets’ racist statements because Jersild (1) solicited the Greenjackets’ racist statements by arranging the interview; (2) edited the broadcast segment to feature racist statements; and (3) purposefully disseminated the Greenjackets’ racist statements to the public without providing counterbalancing commentary. Jersild’s conviction was affirmed at all levels of the Danish court system. Jersild then filed a petition with the European Court of Human Rights (ECtHR), arguing that the conviction violated his right to freedom of expression under the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). Denmark challenged, arguing that (a) as a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination (UN Convention), Denmark was required to punish the dissemination of racist statements; and (b) that duty outweighed Jersild’s right to freedom of expression under the European Convention.