Success in media law suit
Judgment from Danish city court sets new standards for the amount of damages rendered in Danish media law.
MAQS Law Firm has represented Ecobaby ApS, the manufacturer of the children's pacifier "Natursutten" in a law suit against Denmarks leading weekly paper "Søndagsavisen" regarding principles of general interest in Danish media law.
When Søndagsavisen i march 2010 published the front page article entitled "Pacifiers filled with toxic substances" - including both picture and text regarding Natursutten - the test result on which the article was based, had already been withdrawn by the research institute that had conducted the test.
The city court of Glostrup, Copenhagen has now stated that Søndagsavisen acted actionable due to the following:
- Søndagsavisen had been orally noticed by the research institute about the possible errors in the test of Natursutten before deadline.
- Søndagasvisen did receive an e-mail including the withdrawal of the test result 31 minutes before deadline.
Ecobaby ApS has now been awarded damages of DKK 750.000 + costs (aprox. € 100.000). The amount is unusually high since Danish courts in similar matters often only give minor damages to victims of the press.