Evidence in injunction case

Case no. 199/2014
Order made on 9 December 2014

TV 2 Danmark A/S
and
Monday Production ApS
vs.
A
and
B

A and B applied to the District Court for, among other things, an injunction restraining TV 2 from broadcasting a television programme. The application was considered in a hearing where TV 2 played audio and video recordings, including an incomplete version of the television programme. The District Court ordered TV 2 not to broadcast the programme in the version shown in court, as it considered it to seriously injure A's good name and reputation. The District Court did not keep a copy of the recordings.

TV 2 lodged an appeal against the District Court's injunction with the High Court. During the appeal case, A and B requested that TV 2 release a copy of the recordings played in the District Court.

The Supreme Court held that TV 2 should not be ordered to release a copy of the recordings to A and B. The Supreme Court stated that in the circumstances of this case, the rules on access in conjunction with the adversarial principle did not provide authority to order release. (Dissenting opinion)

The High Court had reached a different conclusion.