Monday morning a new sound was in the air. Experts now have doubts about the offer.

Monday morning, the youngest radio producers in the country were able to turn on HuliGennem – a new audio universe targeted at children and young people.

Behind the audio offering stands Aller Media, which in the spring won a bid of 66 million DKK from Radio- and tv-council.

With the bid – which was carried out by Radio- and tv-council – Aller Media is obligated to broadcast 20 hours of new-produced audio per week for the next two years, in exchange for a payment of 66 million DKK.

However, the bidding process is now being criticized by several experts, as P1 Morgen has spoken with. They believe fundamentally that the bid has been rigged and that the applicants have been left with an uncertain legal security.

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> The problem is, we now have doubts about whether the children's expert's evaluation would have looked different if she had received the appendices

> Jøren Ullits, professor of administrative law, Syddansk Universitet

The bidding ended with a tight race between several applicants, where one of the losing applicants, the company GoLittle, was only 0.2 points behind Aller Media in the overall evaluation at Radio- and tv-council. Aller Media's application received a total of 7.5 points, and Go Little's received 7.3 on a scale of 8.

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Lack of appendices leads to skewed evaluation

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GoLittle's director, the former TV host Morten Resen, has criticized the bid fiercely in recent months. He has, among other things, pointed to the fact that parts of the material that his company sent with its application as appendices were not used.

Specifically, it concerns 67 pages with graphic presentations, program plans, and declarations, which were attached to GoLittle's application as appendices and which never reached an external expert, as Radio- and tv-council used in the bidding process.

Morten Resen, director of GoLittle, believes it is a fundamental problem that so many errors have occurred and that the bid should therefore be canceled. (© Kristian Selch)

It comes to light through Morten Resen that several negative evaluations from the children's expert, which GoLittle has answered in the appendices that the expert did not receive, contain criticisms.

For example, the expert requests more children in GoLittle's programs, despite the fact that it is clear from the appendices that the same size would fill a whole column.

- The expert writes that it looks like children do not participate in our programs in our application. In the right column of our broadcast plan, it is clear that children contribute to three out of the four programs we have proposed, says Morten Resen to P1 Morgen ( ).

And according to several experts, it could potentially have been decisive for the overall evaluation.

- The problem is, we now have doubts about whether the children's expert's evaluation would have looked different if she had received the appendices, says Jøren Ullits, professor of administrative law, Syddansk Universitet, to P1 Morgen.

Frederik Waage, professor of administrative law at Syddansk Universitet is also critical of the lack of delivery of appendices to the children's expert.

He believes it concerns the official principle in administrative law, which lays down that public authorities have the responsibility to ensure that a case is made public before a decision is made.

- When one gives a children's expert's opinions weight, as it seems to be the case here, one must also ensure that the children's expert has been given a clear basis to assess the case, says Frederik Waage.

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About Radio- and tv-council

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Radio- and tv-council receives secretarial support from Slots- and culture council, which is part of the Ministry of Culture. The council's tasks include deciding on public media tenders and issuing statements on whether public service contracts are being met.

The Culture Minister appoints 7 of Radio- and tv-council's members. The 11 current members are:

Professor of law, ph.d. Søren Sandfeld Jakobsen (chairman)

Director, cand. jur. Lisbet Dyerberg (vice-chairman)

Director, cand. jur. Ulf Lund

Development director, cand.jur. Merethe Eckhardt (reappointment)

Professor, ph.d. in culture and media studies, Hanne Bruun

Journalist, Lars Raakilde Jespersen (appointed based on the Danish Media Association's recommendation)

Journalist, Kristian Danholm (appointed based on the Danish Journalist Union's recommendation)

Self-employed DR director, Gitte Rabøl

Auditor, Peter C. Madsen (reappointed by the cooperation forum for Danish Listener- and Viewer Organizations)

Two of the members only participate in handling cases where a decision can be made based on rules that prohibit incitement to hate based on race, gender, religion, nationality, and promotion of terrorism:

Professor of criminal law, Trine Baumbach

Judge Elisabet Michelsen (appointed by the Danish Judges' Association)

At Radio- and tv-council, chairman Søren Sandfeld Jakobsen denies that the missing appendices had any significance for the council's decision.

- I stand fully behind this decision. It could be that there were some small errors in the handling of the case. I cannot say that on solid ground, he tells P1 Morgen.

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Does the expert participate in the decision or not?

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Radio- and tv-council writes itself that the children's expert's evaluation of the four applications is part of their decision. However, Søren Sandfeld Jakobsen, chairman of Radio and tv-council, denies that the expert's evaluation had any decisive influence on the council's decision.

- It was an input in our considerations. We have gone through all the applicants' appendices. So no, it is not correct to begin to suggest that it was the children's expert who had a decisive influence on this, he says to P1 Morgen.

But you write yourselves that the children's expert's evaluation is part of your decision. So is it not a part of your decision?

- No, it is an input to our decision.

It is a part of your decision, so did it not also have a significance for your overall evaluation?

- A decision consists of both discussions and the written decision. We have certainly read the children's expert's evaluation with interest. That we take into account, says Søren Sandfeld Jakobsen, chairman of Radio and tv-council.

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