New Act on Freedom of Expression for Public Employees Adopted by the Danish Parliament
On 1 July 2025, a new act entered into force, consolidating the applicable rules on the freedom of expression for public employees. The purpose of the act is twofold: to provide clarity regarding existing rights and to emphasise the political support for public employees’ right to express themselves.
Public employees in Denmark, like all other citizens, enjoy freedom of expression under Section 77 of the Danish Constitution. This means that public employees are free to speak out in their capacity as private individuals, including on matters relating to their workplace. As a general rule, public employees have broad access to participate in public debate, including through traditional and social media.
However, the right to freedom of expression is not without limits and must be exercised within certain boundaries. Like all other employees, public servants are subject to a general duty of loyalty towards their employer. This entails that statements must not impair the functioning of the authority. Employees may not disclose confidential information, make manifestly false allegations, or otherwise undermine public confidence in the authority. Criticism must therefore be expressed in a factual and professional manner.
Act on Freedom of Expression for Public Employees
The new Act on Freedom of Expression for Public Employees does not alter the existing legal position, under which public employees are entitled to express themselves as private individuals without risking adverse employment consequences, provided that such expressions remain within the limits of the general duties of loyalty and confidentiality, among other obligations. Accordingly, statements must not include confidential information the disclosure of which constitutes a criminal offence, nor may they be defamatory, unduly offensive in tone, or contain manifestly false information concerning significant matters within the employee’s area of work. Freedom of expression may also be limited where a statement could harm the authority’s internal decision-making processes or operational capacity.
Notwithstanding the new act, the legal position will continue to be clarified and developed through case law, as has previously been the case. The aim is therefore not to change the established boundaries of public employees’ freedom of expression, but to codify the rules already in force.
Protection Against Employment-Related Consequences
Protection against adverse employment consequences is broad and also covers statements made in the media. As a general rule, a public employee cannot be dismissed, demoted, or otherwise subjected to employment-related sanctions solely on the basis of a statement that falls within the legal limits. Where there is a risk that a statement may be perceived as reflecting the views of the authority, it must be clearly indicated that the employee is speaking in a personal capacity.
Notwithstanding this general principle, situations may arise in which a lawful statement has consequences that affect the employment relationship. The legislative history of the act notes that difficulties in cooperation resulting from public statements may ultimately justify dismissal. However, this requires the public employer to demonstrate that the difficulties in cooperation are of such severity as to constitute a legitimate ground for dismissal, that the public employee bears the main responsibility, and that less intrusive measures have been attempted without success. Thus, it is not the statement itself, but its demonstrable consequences, that may justify a lawful termination.
Moreover, the act does not restrict public employers from adopting internal guidelines specifying who may speak on behalf of the authority and how such statements should be made.
