On 27 May the Danish Supreme Court upheld a lower court decision which obliges internet service providers (ISPs) to block access to websites that may contain - or link to other sites which contain - material which infringes copyrights (the Pirate Bay in this instance).
The decision has rightly been criticized as a setback for internet freedom in Denmark. [...] The decision may lead to the blocking of websites that mainly includes content that does not infringe copyright and thus restrict the free flow of information. Moreover, by forcing ISP’s to police the Internet without due process the decision marks a dangerous precedent that is likely to include other “illegal” or “offensive” material in the future.
[...] In 2008 Wikileaks leaked all the sites blocked by the filter which seemed to show that several sites were either inactive or contained material that had nothing to do with child pornography.
Earlier in 2010 the Danish parliament (Folketinget) passed a law, which will allow the tax authorities to notify ISPs of web sites operated by “unauthorized” providers of online-gambling. ISPs will then be requested to block access to such sites. Should the relevant ISPs refuse or fail to do so they will be subject to criminal liability. No courts or tribunals will review the decisions of the tax-authorities nor will the owners of the relevant websites be heard prior to a decision. It is an open question whether this law violates the Danish constitution’s prohibition against censorship and/or the European Convention on Human Rights’ protection of freedom of expression and access to information.
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