VerfassungsgeschichteVerfassungsvergleichVerfassungsrechtRechtsphilosophie
OverviewCountriesKeysPersonsOrganizationsLinksDownloadSynonyms...

Sweden - The Freedom of the Press Act Index Page Document Table of Contents

 

Chapter 1  On the Freedom of the Press

 
Article 1
(1) The freedom of the press means the right of every Swedish subject, without prior hindrance by a central administrative authority or other public body, to publish any written matter, and not to be prosecuted thereafter on grounds of the content of such matter other than before a court of law, or to be punished therefor in any case other than a case in which the content is in contravention of an express provision of law, enacted to preserve public order without suppressing information to the public.
(2) In accordance with the principles set forth in Paragraph (1) concerning freedom of the press for all, and in order to ensure the free interchange of opinion and enlightenment of the public, every Swedish subject shall be entitled, subject to the provisions set forth in the present Act for the protection of individual rights and public security, to publish his thoughts and opinions in print, to publish official documents and to make statements and communicate information on any subject whatsoever.
(3) All persons shall likewise be entitled, unless otherwise provided in the present Act, to make statements and communicate information on any subject whatsoever, for the purpose of publication in print, to the author or to any person who shall be considered the originator of material in such a publication, to the responsible publisher or editorial office, if any, of any publication, or to an enterprise which professionally purveys news or other information to periodical publications.
(4) All persons shall furthermore be entitled, unless otherwise provided in this Act, to procure information and intelligence on any subject whatsoever for the purpose of its publication in print, or for the purpose of making statements or communicating information in the manner referred to in Paragraph (3).
 
Article 2
(1) No publication shall be subject to scrutiny before printing, nor shall the printing thereof be prohibited.
(2) Furthermore, no central administrative authority or other public body shall be permitted on grounds of the content of a publication to take any action not authorized under this Act to prevent the printing or publication of the material, or its circulation among the public.
 
Article 3
No person shall be prosecuted, convicted under penal law, or held liable for damages on grounds of abuse of the freedom of the press, or complicity therein, nor shall the publication be seized or confiscated other than in the manner and in the cases specified in this Act.
 
Article 4
(1) Any person entrusted with passing judgment on abuses of the freedom of the press or otherwise ensuring compliance with this Act shall constantly bear in mind that freedom of the press is fundamental to a free society; direct his attention always more to illegality of subject-matter and thought than to illegality in the form of expression; to the aim rather than to the manner of presentation; and, in case of doubt, to acquit rather than convict .
(2) In determining the sanctions attendant upon abuses of the freedom of the press under the present Act, particular attention shall be given, in the case of statements requiring correction, to whether such correction has been brought to the attention of the public in an appropriate manner.
 
Article 5
(1) The present Act shall apply to all material produced using a printing press.  It shall likewise apply to any document which has been duplicated by stencil, photocopying, or any similar technical process, if
1) a valid license to publish exists in respect of the publication; or
2) the publication carries a note to the effect that it has been duplicated and, in connection therewith, a clear note of the identity of the person who duplicated the publication and the place and year of its duplication.
(2) Any provision of this Act which relates to matter produced using a printing press, or to printing, shall apply, mutatis mutandis, unless otherwise prescribed, to any other published matter to which the Act is applicable under Paragraph (1), or to the duplication of such published matter.
(3) The term published matter includes pictures, even where there is no accompanying text.
 
Article 6
Printed matter shall not be considered as such unless it is published.  Printed matter shall be deemed to have been published when it has been delivered for sale or dissemination by some other means; this definition nevertheless does not apply to the printed documents of a public authority which are not available to all.
 
Article 7
Periodical refers to any newspaper, magazine or other such printed material, as well as to the posters and supplements which accompany them, provided that according to the publishing schedule the intention is to issue at least four separate numbers or installments of the publication under a fixed title at different periods throughout the year.  Printed matter shall be deemed to be a periodical from the time of issue of a license to publish until such time as the license is withdrawn.
 
Article 8
Provisions concerning the copyright of an author of a literary or artistic work, or the producer of a photographic picture, provisions concerning rights neighboring on such copyright, and provisions prohibiting the reproduction of literary or artistic works in such a way as to infringe cultural interests shall be laid down by law.
 
Article 9
Notwithstanding the provisions of the present Act, rules laid down in law shall govern
1) bans on commercial advertising insofar as it is used to market alcoholic beverages or tobacco products;
2) bans on the publication, within the framework of the professional provision of credit information, of any credit rating which improperly infringes the personal integrity of a private subject, or which contains incorrect or misleading statements; liability to pay compensation for such publication; and correction of incorrect or misleading statements; and
3) civil or criminal liability arising out of the manner in which information has been procured.
 

Chapter 2  On the Public Nature of Official Documents

 
Article 1
In order to encourage the free interchange of opinion and the enlightenment of the public, every Swedish subject shall have free access to official documents.
 
Article 2
(1) The right of access to official documents may be restricted only if restriction is necessary having regard to
1) the security of the Realm or its relations with a foreign stateor an international organization;
2) the central finance policy, monetary policy, or foreign exchange policy of the Realm;
3) the inspection, control or other supervisory activities of a public authority;
4) the interest of preventing or prosecuting crime;
5) the public economic interest;
6) the protection of the personal integrity or economic conditions of private subjects;
7) the preservation of animal or plant species.
(2) Any restriction of the right of access to official documents shall be scrupulously specified in the provisions of a special Act of law, or, if this is deemed more appropriate in a particular case, in another Act of law to which the special Act makes reference.  With the authority of such a provision the Government may however by statutory order issue more detailed regulations concerning the application of the provision.
(3) Notwithstanding the provisions of Paragraph (2), the Parliament or the Government may be empowered by means of a provision such as is referred to therein, to authorize, having regard to the circumstances, that a particular official document shall be made accessible.
 
Article 3
(1) Document includes any representation in writing, any pictorial representation, and any record which can be read, listened to, or otherwise comprehended only by means of technical aids.  A document is official if it is in the keeping of a public authority, and if it can be deemed under the terms of Article 6 or 7 to have been received, prepared, or drawn up by an authority.
(2) A record of the nature referred to in Paragraph (1) shall be considered to be kept by a public authority, if it is available to the authority for transcription in such a way that it can be read or listened to, or otherwise rendered comprehensible.  The foregoing provision shall not, however, apply to a record which forms part of a register of persons, if by law, or statutory order, or by a special decision taken by virtue of law, the authority is not entitled to prepare such a transcription.  Register of persons shall be understood to mean any register, list, or other record containing information which concerns a private subject and which can be related back to that private subject.
 
Article 4
A letter or other communication which is addressed in person to the holder of an office in a public authority shall be deemed to be an official document if it refers to a case or other matter which falls within the purview of that authority, and if it is not intended for the addressee solely in his capacity as incumbent of another post.
 
Article 5
For the purposes of the present chapter the Parliament, the General Assembly of the Church, and any local government assembly vested with powers of decision-making shall be equated with a public authority.
 
Article 6
(1) A document shall be deemed to have been received by a public authority when it has arrived at such an authority or is in the hands of a competent official.  Records under Article 3 (1) shall be deemed instead to have been received by the authority when they have been made available to the authority by another in the manner indicated in Article 3 (2).
(2) Entries for competitions, tenders and other such documents which it has been advertised must be delivered in sealed envelopes shall not be deemed to have been received before the time fixed for their opening.
(3) Measures taken solely as part of the technical processing ortechnical storage of a document which a public authority has made available shall not be construed to have the effect that the document has been received by that authority.
 
Article 7
(1) A document shall be deemed to have been drawn up by a public authority when it has been despatched.  A document which has not been despatched shall be deemed to have been drawn up when the matter or case to which it relates has been finally settled by the authority, or, if the document does not relate to a specific matter or case, when it has been finally checked and approved by the authority, or when it has been finalized in some other manner.
(2) Notwithstanding the provisions of Paragraph (1), documents of the nature referred to below shall be deemed to have been drawn up
1) in the case of a day-book, ledger, or such register or other list as is kept on a continuing basis, when the document has been completed and made ready for notation or entry;
2) in the case of a court ruling or other decision which under relevant provisions must be pronounced or despatched, and records or other documents insofar as they relate to such a ruling or decision, when the ruling or decision has been pronounced or despatched; and
3) in the case of records and comparable memoranda kept by a public authority, when the document has been checked and approved by the authority or has been finalized in some other way, always provided, however, that this shall not apply to records kept by committees of the Parliament or the General Assembly of the Church, by the Auditors of the Parliament or by auditors of local authorities, by Government commissions, or by local authorities in a matter dealt with by the authority solely in order to prepare the matter for decision.
 
Article 8
If a body or agency which forms part of, or is associated with, a public authority or similar organ for the public administration has handed over a document to another body or agency in the same administration or has prepared a document for the purpose of handing it over in this manner, the document shall not be deemed thereby to have been received or drawn up unless the bodies or agencies concerned act as independent entities in relation one to the other.
 
Article 9
(1) Neither shall a memorandum which has been prepared in a public authority, and which has not been despatched, be considered to be an official document in that authority after the time when it shall be deemed to have been drawn up under Article 7, unless it has been accepted for filing.  Memorandum shall be understood to mean any memorandum or other note or record drawn up exclusively for the preparation or oral presentation of a case or matter, except insofar as it adds factual information to the case or matter concerned.
(2) Preliminary outlines or drafts of decisions or official communications of a public authority and any other comparable documents which have not been despatched shall not be deemed to be official documents unless they have been accepted for filing.
 
Article 10
A document which is in the keeping of a public authority solely for the purpose of technical processing or technical storage on behalf of another shall not be deemed to be an official document in the keeping of that authority.
 
Article 11
The following documents shall not be deemed to be official documents:
1) Letters, telegrams, or other such documents delivered to ordrawn up by a public authority solely for the purpose of forwarding a communication;
2) announcements or other documents delivered to, or drawn up by, a public authority solely for the purpose of publication in a periodical published under the auspices of the authority;
3) printed matter, sound or pictorial records, or other documents which form part of a library or which have been deposited with public archives by a private subject solely for the purpose of storage and safe-keeping, or for research or study purposes, and private letters, publications, or records which have otherwise been surrendered to a public authority solely for the purposes referred to above;
4) records of the contents of documents under Paragraph (0.3), if such records are kept by a public authority, where the original document would not be deemed to be an official document.
 
Article 12
(1) Any official document which may be made accessible to the public shall be produced forthwith, or as quickly as possible, at the place where it is kept, and free of charge, to any person who desires to have access to it in such a manner that it can be read, listened to, or otherwise comprehended.  A document may also be copied, reproduced, or used for conversion to a sound transmission.  If a document cannot be made available without the disclosure of such part of it as is protected, the rest of the document shall be made available to the applicant in the form of a transcript or copy.
(2) A public authority is under no obligation to make a document available at the place where it is kept, if this presents serious difficulty.  Neither is there any such obligation in respect of a record of the nature referred to in Article 3 (1) if the applicant can be afforded access to it, without serious inconvenience, at a public authority located in the vicinity.
 
Article 13
(1) Any person who wishes to have access to an official document shall likewise be entitled to obtain for a fixed fee a transcript or copy of the document or of that part of it which may be made accessible.  A public authority shall however be under no obligation to make available a record for electronic data processing in any form other than a print-out.  Neither shall there be any obligation to produce copies of maps, drawings, pictures, or any record covered by Article 3 (1) other than has just been mentioned, if such a proceeding would present difficulty and the document can be made available at the place where it is kept.
(2) Applications for transcripts or copies of official documents shall be dealt with promptly.
 
Article 14
(1) An application for access to an official document is made to the public authority which keeps the document.
(2) The application shall be examined and approval granted by the aforementioned authority.  However, where special reasons so warrant, it may be laid down in a provision of the nature referred to in Article 2 (2) that in applying that provision, examination and approval shall rest with another authority.  In the case of a document of key importance for the security of the Realm it may also be prescribed by statutory order that only a particular authority shall be entitled to examine and approve questions relating to access to the document.  In the cases under reference, the application must be submitted at once to the competent authority.
(3) No public authority may inquire into a person's identity on account of his request for access to an official document, or inquire as to the purpose of his request, except insofar as such inquiry is necessary in order to enable the authority to ascertain whether or not any obstacle exists to prevent the release of the document.
 
Article 15
(1) If a public authority other than the Parliament or the Government has rejected an application for access to an official document, or if such a document has been made available with reservations which restrict the applicant's right to disclose its contents or otherwise to make use of it, the applicant may appeal against the decision.  An appeal against a decision by a Minister is lodged with the Government, and an appeal against a decision by another authority is lodged with a court of law.
(2) The Act referred to in Article 2 shall stipulate in detail how an appeal against a decision of the nature referred to in Paragraph (1) shall be lodged.  An appeal of this nature shall always be dealt with promptly.
(3) The right to lodge appeals against decisions by agencies of the Parliament is governed by special provisions.
 
Article 16
A notation restricting the right to make an official document available may be made only on documents to which provisions of the nature referred to in Article 2 (2) apply.  Such a note must indicate the relevant provision.
 

Chapter 3  On the Right to Anonymity

 
Article 1
No author of printed matter shall be obliged to have his name, pseudonym, or pen name set forth therein.  This applies likewise to any person who has communicated information under Chapter 1, Article 1 (3) and to any publisher of printed matter other than a periodical.
 
Article 2
(1) In legal proceedings concerning offenses against the freedom of the press, the question of who is the author or who has communicated information under Chapter 1, Article 1 (3) may not be raised nor shall the question be raised who is the publisher of printed matter which is not a periodical.  However, if in the case of printed matter which is not a periodical the author or publisher has been indicated on the publication by name, or by means of a pseudonym or pen name known generally to refer to a particular person, or if a person has acknowledged in a written statement that he is the author or the publisher, or has voluntarily made such an acknowledgement before a court during legal proceedings, then the question of whether he is liable may be examined in the proceedings.
(2) Notwithstanding the provisions of Paragraph (1), the question of liability for offenses under Chapter 7, Article 3 may be examined in the same legal proceedings as those dealing with offenses against the freedom of the press.
 
Article 3
Any person who has concerned himself with the production or publication of printed matter or with material intended for publication in print and any person who has been employed in an enterprise for the publication of printed matter, or in an enterprise which professionally purveys news or other material to periodicals, shall be under an obligation not to disclose what he has learned in this connection concerning the identity of the author or the person who has communicated information under Chapter 1, Article 1 or the identity of the publisher of non-periodical printed matter, unless
1) the person concerned has given his consent;
2) the question of identity may be raised under Article 2 (1);
3) the question arises whether an offence has been committed under Chapter 7, Article 3 (1);
4) the question has arisen whether an offence has been committed under Chapter 7, Article 2 or 3 (1) and the court finds it necessary for information to be provided at a courtsession as to whether the person charged with the offence, or suspected on reasonable grounds of having committed the offence, communicated the information, or contributed to the material;
5) the court finds, having regard to any public or private interest that it is of particular importance for information in the matter to be given in testimony under oath or to be given by a party to the proceedings under a declaration made in lieu of oath.
 
Article 4
No public administrative authority or other public body may inquire into the identity of the author of material which has been published or is intended for publication in printed matter, or of a person who published or intended to publish material in such matter, or of a person who has made a communication under Chapter 1, Article 1 (3) other than insofar as it is necessary for the purpose of such prosecution or other action against him which is not contrary to the provisions of this Act.  In cases in which such inquiries may be made, the obligation of secrecy provided for in Article 3 shall be observed.
 
Article 5
(1) Any person who inserts into printed matter the name, pseudonym, or pen-name of the author contrary to the author's wishes, or, in cases under Article 1, the name, pseudonym, or pen-name of the editor or source against his wishes, or who sets aside his obligation of secrecy under Article 3, shall be liable to pay a fine or to imprisonment for a term of not more than one year.  The same penalties shall apply if the name, pseudonym, or pen-name of a person who is not in fact the author, responsible publisher, or source is inserted as author, responsible publisher, or source.
(2) Inquiries made in contravention of the provisions of Article 4, first sentence, are subject to a penalty of a fine or imprisonment for a term of not more than one year.
(3) No offence under Paragraph (1) shall be the subject of any action by a public prosecutor, unless the injured party reports the offence for prosecution.
 
Article 6
For the purposes of the present chapter author shall include also any other person who can be deemed to be the originator of any material which has been published or is intended for publication in printed matter.
 

Chapter 4  On the Production of Printed Matter

 
Article 1
It shall be the right of every Swedish natural or legal person to produce printed matter by means of a printing press either alone or with the assistance of others.
 
Article 2
(1) Any document produced in Sweden using a printing press or duplicated in Sweden by means of a stencil, photocopying, or any similar technical process, in respect of which a valid license to publish exists, must indicate clearly the identity of the person who printed or otherwise duplicated the document, as well as the place and year of duplication, if the document is intended for publication in Sweden and is not classifiable as job printing or pictorial reproduction.
(2) Rules concerning the provision of such information as is referred to under Paragraph (1) in respect of documents which are duplicated by stencil, photocopying, or any similar technical process, and in respect of which no valid license to publish exists, are laid down in Chapter 1, Article 5 (1).
 
Article 3
For the purposes of the present Act job printing or pictorialreproduction means post-cards and picture albums, visiting cards and notices, address cards, labels, forms, advertising matter, printed packaging, other commercial printed matter, and any other printed material, provided always that abuse of the freedom of the press on account of the text or otherwise can be assumed to be ruled out.
 
Article 4
Rules governing the obligation to retain copies of printed matter for scrutiny and to furnish copies of printed matter to libraries and archives are laid down in law.
 
Article 5
Any person who produces a written document and thereby contravenes the provisions of Article 2 (1) shall be liable to pay a fine or go to prison for not more than one year.
 

Chapter 5  On the Publication of Periodicals

 
Article 1
The owner of a periodical shall be a Swedish citizen or a Swedish legal person.  It may be prescribed by law that a foreign national having his habitual residence in Sweden may also be the owner of a periodical.
 
Article 2
(1) A periodical shall have a responsible publisher.
(2) The responsible publisher shall be a Swedish citizen.  It may be prescribed by law that a foreign national may also be a responsible publisher.
(3) The responsible publisher shall have his habitual residence within the Realm.  No person who is under age or is in bankruptcy or for whom an administrator has been appointed according to specific provisions of law may be a responsible publisher.
 
Article 3
The responsible publisher of a periodical shall be appointed by the owner.  The mandate of a responsible publisher shall include the power to supervise the publication of the periodical and to determine the contents thereof in such a manner that nothing may be printed therein contrary to his wishes.  Any limitation of the powers thus vested in a responsible publisher shall be null and void.
 
Article 4
Once a responsible publisher has been appointed, the owner shall be under an obligation to register the appointment with the public authority designated in law.  The information notified shall comprise the name and place of residence of the responsible publisher.  It shall be accompanied by evidence that the responsible publisher possesses the qualifications prescribed and by a declaration by the responsible publisher that he has taken up his duties.
 
Article 5
(1) No periodical shall be published until a license has been issued stating that there is no obstacle under this Act to its publication.  A license shall be issued by the authority referred to in Article 4 upon application by the owner.  The application must give the title and place of printing of the periodical, and its publishing schedule.
(2) No license to publish shall be issued until the name of the responsible publisher has been notified under Article 4.
(3) If the title of the periodical so closely resembles the title of a periodical for which  a publishing license has already been issued that the two may easily be confused, the application may be rejected.
 
Article 6
(1) A license to publish may be revoked
1) if the owner has given notice that publication of the periodical has ceased;
2) if the rights of ownership in the periodical have been transferred to a person who does not hold the qualifications prescribed;
3) if there is no responsible publisher, or if the responsible publisher does not hold the qualifications prescribed and a qualified responsible publisher is not appointed forthwith;
4) if six months have elapsed since the date on which the publishing license was issued and the periodical has not appeared;
5) if at least four issues or installments of the periodical specified in the license have not appeared at different times during either of the last two calendar years;
6) if it becomes evident within six months of the appearance of the first issue that under the provisions of Article 5, last paragraph, the license should not have been granted; or
7) if the title of the periodical has been given a typographical appearance so resembling the title of another periodical for which a publishing license has already been granted that the two may easily be confused and the matter is not rectified forthwith.
(2) A decision to revoke a license shall be taken by the authority referred to in Article 4.  In matters coming under Paragraph (1.2)-(1.7), the owner and the responsible publisher shall if possible be given an opportunity to express their views.
 
Article 7
If a license to publish has been revoked under the provisions of Article 6 (1.2), (1.3), (1.5), or (1.7) the consent of the owner of the periodical in question must nevertheless be obtained for the issue, within two years of the date on which the decision was taken to revoke the license, of a publishing license for another periodical with a title which so resembles that of the first-named periodical that the two may easily be confused
 
Article 8
(1) If a responsible publisher is no longer qualified, or otherwise ceases to function as responsible publisher, it shall be incumbent upon the owner to provide forthwith for the appointment of a new responsible publisher and to register the appointment with the authority referred to in Article 4.  The provisions of Article 4 shall apply to such registration, which shall be accompanied, if possible, by evidence that the previous responsible publisher has been informed of the notification of a new name.
(2) If the place of printing or the publishing schedule is changed, the owner shall notify the authority referred to in Article 4 forthwith.
 
Article 9
(1) The responsible publisher of a periodical may have one or more deputies.  These deputies shall be appointed by the responsible publisher.  When a deputy is appointed, the authority referred to in Article 4 must be informed accordingly.  The registration of a deputy shall be accompanied by evidence that the deputy meets the qualifications prescribed for responsible publishers and by a declaration by the deputy that he has accepted the appointment and a statement by the owner that he has approved the deputy.
(2) The provisions of Article 2 (2) shall apply in like manner also to deputies.  If the appointment of a responsible publisher is terminated, appointments as deputies are likewise terminated.
 
Article 10
(1) Once the appointment of a deputy has been registered, the responsible publisher may authorize such a deputy, or, if there are two or more deputies, any one of them, to exercise in hisplace the powers vested in the responsible publisher under Article 3.
(2) If it can be assumed that a responsible publisher will be continuously unable for at least a month, by reason of illness or for any other temporary cause, to carry out his duties as responsible publisher, he must delegate these powers to a deputy as soon as possible.  If no deputy exists, or if the appointment of the person or persons nominated as deputy or deputies is coming to an end, it is incumbent on the responsible publisher to provide forthwith for the appointment of a deputy and to register the appointment as provided in Article 9.
 
Article 11
(1) Each separate issue or instalment of a periodical must carry the name of the responsible publisher.
(2) If the responsible publisher's powers have been delegated to a deputy, each issue of the periodical concerned shall state that the deputy is acting as responsible publisher; if this is done, the name of the responsible publisher need not be given as well.
 
Article 12
If the owner of a periodical publishes the periodical without having a license to publish, or without fulfilling the requisite qualifications;
or if an owner fails to provide as specified in Article 8 for the appointment of a new responsible publisher or to register such an appointment;
or if in the cases specified in Article 10 (2) a responsible publisher fails to delegate his powers to a deputy;
or if any person publishes a periodical the publication of which is prohibited under this Act or which is manifestly a continuation of such a periodical;
or if any person allows his name to appear in a periodical as responsible publisher or deputy responsible publisher without fulfilling the qualifications;
he shall be liable to pay a fine; if the contents of the periodical were criminal, or, if the circumstances are otherwise particularly aggravating, he may be sentenced to imprisonment for not more than one year.
 
Article 13
The penalties specified in Article 12 shall apply also to any person who knowingly submits false information in any application or notification under this chapter, or in any declaration attached to such an application or notification.
 
Article 14
(1) If the owner of a periodical fails to report a new place of printing or a new publishing schedule in accordance with Article 8, he shall be sentenced to pay a fine of not more than 1 000 crowns.
(2) Any responsible publisher who violates the provisions of Article 11 shall be sentenced to pay a fine of not more than 1000 crowns.  This provision shall apply in like manner to a deputy acting as a responsible publisher.
 

Chapter 6  On the Dissemination of Printed Matter

 
Article 1
Any Swedish subject or any Swedish legal person shall have the right to sell, despatch, or otherwise disseminate printed matter, either alone or with the assistance of others.
 
Article 2
(1) Notwithstanding the provisions of the present Act, the provisions laid down by law shall apply in cases in which a person
1) exhibits a pornographic picture in or at a public place by displaying it or behaving in a similar manner which is liable to offend the public, or mails or otherwise consigns such a pictureto another person without the latter having ordered it in advance; or
2) disseminates among children and young persons printed matter which may, by reason of its subject-matter, have a brutalizing effect, or otherwise seriously endanger the moral upbringing of young persons.
(2) The dissemination of maps of Sweden or parts thereof which contain information of importance to the defence of the Realm, and the dissemination of plans or pictures of a similar nature, shall be governed by provisions to be laid down by law.
 
Article 3
(1) If a document under Chapter 4, Article 2 (1) lacks the declaration prescribed therein, or if such a declaration, or a declaration made under Chapter 1, Article 5 (1.2) on such a document as is referred to therein is incorrect to the knowledge of the disseminator, the disseminator shall be sentenced to pay a fine of not more that 1,000 crowns.
(2) The penalty for the dissemination of printed matter which, to the knowledge of the disseminator, has been seized or declared confiscated, or has been published in violation of a ban issued under the present Act, or is manifestly a continuation of printed matter the publication of which has thus been banned, shall be a fine or imprisonment for not more than one year.
 
Article 4
(1) The despatch of printed matter by mail or common carrier shall not be subject to special restrictions or conditions on account of its subject-matter.  The foregoing provisions shall not however apply to a despatch constituting a violation of the provisions of Article 3.
(2) A common carrier who has accepted printed matter for carriage shall not be considered a disseminator.
 

Chapter 7  On Offenses Against the Freedom of the Press

 
Article 1
For the purposes of the present Act an offence against the freedom of the press means any offence of a nature referred to in Article 4 or Article 5.
 
Article 2
No announcement by advertisement or like communication shall be considered an offence against the freedom of the press if it is not readily apparent from the contents of the communication that liability for such an offence may arise.  If the communication is punishable, having regard also to circumstances which are not readily apparent from its subject-matter, the relevant provisions of law shall apply.  The foregoing provisions shall apply, mutatis mutandis, to any communication conveyed in cipher or by any other means which is secret from the public.
 
Article 3
(1) If a person makes a statement of the nature referred to in Chapter 1, Article 1 (3) or if, without being responsible under the provisions of Chapter 8, he contributes as author or other originator, or as responsible publisher.  to material intended for publication in printed matter and if he renders himself guilty thereby of
1) high treason, espionage, grave espionage, grave unauthorized traffic in secret information, insurrection, treason, treachery, whether actual or attempted; or preparation for or incitement to commit such a crime;
2) wrongful consignment of an official document which is not available to the public, or release of such a document in contravention of a restriction imposed by a public authority, where the act is deliberate; or
3) deliberate disregard of an obligation to maintain secrecy in cases which shall be specified in a special act of law,
the provisions of law regarding liability on account of such a crime shall apply.
(2) If a person procures information for the purposes referred to in Chapter 1, Article 1 (4) and thereby renders himself guilty of a crime such as is referred to in Paragraph (1.1) of the present article, the provisions of law regarding liability on account of such a crime shall apply.
(3) The provisions of the Instrument of Government, Chapter 2, Article 12 (3) shall apply also in respect of proposals for provisions under Paragraph (1.3) of the present article.
 
Article 4
With due regard to the purpose of a universal freedom of the press as set forth in Chapter 1, the following acts shall be regarded as offenses against the freedom of the press if they are committed by way of printed matter and if they are punishable under law:
1) high treason, deliberately committed in order to bring Sweden under the subjection of a foreign power by violent or other unlawful means or with foreign aid, or to render her dependent upon such a power, or in order by such means to detach a part of the Realm, or by coercion and with foreign aid to bring about or obstruct acts or decisions of the Head of State, the Government, the Parliament, or the Supreme Court or the Supreme Administrative Court, insofar as the act implies a danger that the deed will be carried out;
any attempt, preparation or incitement to such high treason;
2) instigation of war, insofar as a danger that Sweden will be drawn into war or other hostilities is provoked with foreign aid;
3) espionage, whereby, in order to assist a foreign power, a person without due authority conveys, consigns, or discloses information concerning defence installations, weapons, storage installations, import, export, mode of fabrication, negotiations, decisions or any other circumstances the disclosure of which to a foreign power could cause detriment to the total defence system or otherwise to the security of the Realm, whether the information is correct or not;  any attempt, preparation or incitement to commit such a crime
4) unauthorized traffic in secret information, whereby without authority but with no intent to assist a foreign power, a person conveys, consigns or discloses information concerning any circumstances of a secret nature, the disclosure of which to a foreign power could cause detriment to the defence of the Realm or to the national supply in the event of war or exceptional conditions caused by war, or otherwise to the security of the Realm, whether the information is correct or not;
any attempt or preparation aimed at such unauthorized traffic in secret information;
incitement to commit such a crime, if the crime is grave, having particular regard to whether the act involved assistance to a foreign power or was particularly dangerous having regard to the fact that a war was going on, or concerned circumstances of major importance, or if the offender had disclosed information entrusted to him in connection with public or private employment;
5) any act of negligence in handling secret information, whereby through gross carelessness a person commits an act referred to in Paragraph (0.4);
6) insurrection, committed with intent to overthrow the Constitution by armed force or otherwise by violent means, or to induce or prevent by such means acts or decisions of the Head of State, the Government, the Parliament, the Supreme Court or the Supreme Administrative Court, insofar as the act implies a danger that the deed will be carried out;
any attempt, preparation or incitement to commit such insurrection;
7) treason or treachery, insofar as a person thereby, when the country is at war or provisions of law relating to such a crime are otherwise in force, misleads or betrays those active in thedefence of the Realm or induces them to commit mutiny or to break faith, or to become disheartened, or betrays property of importance for the total defence system, or commits any similar treasonable act which is liable to cause detriment to the total defence system or which involves assistance to the enemy;
any attempt, preparation or incitement to commit such treason or treachery;
8) negligence injurious to the interests of the country, whereby a person through negligence commits an act referred to in Paragraph (0.7);
9) dissemination of rumors endangering the security of the Realm, whereby, when the country is at war or provisions of law regarding such offenses are otherwise in force, a person spreads false rumors or other false statements liable to provoke danger to the security of the Realm, or communicates or promotes the communication of such rumors or statements to a foreign power, or disseminates among members of the armed forces false rumors or other false statements liable to provoke treachery or to dishearten;
10) incitement to criminal acts, neglect of civil obligations, or disobedience to a public authority, or neglect of duties incumbent on a member of the armed forces on duty;
11) persecution of a population group, whereby a person threatens or expresses contempt for a population group or other such group with allusion to its race, skin color, national or ethnic origin, or religious faith;
12) criminal acts of child pornography whereby a person portrays a child in a pornographic picture with the intent that the picture be disseminated, unless the act is justifiable having regard to the circumstances;
13) unlawful depictions of violence, whereby a person depicts sexual violence pictorially with the intent that the pictures be disseminated, unless the act is justifiable having regard to the circumstances;
14) Libel, whereby a person alleges another is a criminal or is blameworthy in his way of life, or otherwise communicates information liable to expose the other to the contempt of others, and, if the person libelled is deceased, to cause offence to his survivors or which might otherwise be considered to violate the sanctity of the grave except, however, in cases in which it was justifiable having regard to the circumstances, or in order to provide information in the matter concerned and proof is presented that the information was correct or that there were reasonable grounds for it; and
15) affront, whereby a person insults another by means of offensive invective or allegations or by any other insulting behavior towards him.
 
Article 5
Offenses against the freedom of the press shall also include any act committed by means of a statement in printed matter and punishable under law whereby a person
1) deliberately publishes an official document which is not available to the public, if such a person acquired access to the document in the public service, while carrying out official duties or in any comparable circumstances;
2) publishes information and thereby deliberately disregards a duty to observe secrecy under the special legislation referred to in Article 3 (0.3); or
3) publishes, when the country is at war or is exposed to the imminent danger of war, information concerning facts the disclosure of which implies under law a criminal offence other than an offence referred to in Article 4.
 
Article 6
(1) The provisions of law relating to punishment for offenses under Articles 4 and 5 shall also apply where the offence constitutes an offence against the freedom of the press.
(2) Provisions concerning claims for damages on account of offenses against the freedom of the press are set forth inChapter 11.  If the accused is convicted of an offence specified in Article 4 (9), (10), or (11) and if the printed matter is a periodical, an order may be issued on demand for the sentence to be published in the periodical.
 
Article 7
(1) Printed matter containing an offence against the freedom of the press may be confiscated.
(2) When printed matter is to be confiscated, all copies intended for dissemination shall be destroyed, and such action taken w: h respect to frames, lithographic stones, stereotypes, plates and other like materials adapted exclusively for the printing of the matter as will render impossible their misuse.
 
Article 8
(1) In conjunction with the confiscation of a periodical, publication of the periodical may, in the case of an offence such as is referred to in Article 4 (0.1-0.4), insofar as the offence is to be regarded as grave, be banned during a certain period of time to be determined by the court, but not exceeding six months from the date on which judgment in the action concerning the freedom of the press became final.  Such a ban may however be issued only when the country is at war.
(2) The provisions of law generally applicable to forfeiture of property as the result of crime shall apply to the confiscation of a periodical disseminated in violation of a ban on publication or manifestly constituting a continuation of a periodical specified in such ban.
 

Chapter 8  Provisions Concerning Liability Under Penal Law

 

[Part 1]  On Liability for Periodicals

 
Article 1
(1) Liability under penal law for an offence against the freedom of the press committed in a periodical lies with the person who was registered as the responsible publisher when the periodical was published.
(2) If a deputy was registered and if he was acting as responsible publisher, the deputy is liable.
 
Article 2
(1) If no license to publish existed when the periodical was published, or if the responsible publisher liable under the provisions of Article 1 (1) was no longer qualified, or had otherwise ceased to function as responsible publisher, the owner is liable.
(2) The owner shall likewise be liable in cases in which the responsible publisher was appointed merely for the sake of appearances, or was otherwise manifestly not in due possession of the powers accruing to him under Chapter 5, Article 3 at the time the periodical was published.
(3) If a deputy acting as responsible publisher was no longer qualified at the time the periodical was published, or if his appointment had otherwise expired, or if the circumstances specified in Paragraph (2) of this article were applicable to the deputy, the responsible publisher shall be liable.
 
Article 3
If it is impossible to establish the identity of the owner at the time of publication of the periodical, the printer of the periodical shall be liable in the owner's place.
 
Article 4
If a person disseminates a periodical which does not indicate who the printer was, or if such a statement is known to the disseminator to be incorrect, and if the identity of the printer cannot be ascertained, the disseminator is liable in the printer's place.
 

[Part 2]  On Liability for Non-Periodical Printed Matter

 
Article 5
When an offence is committed against the freedom of the press by means of printed matter other than a periodical, the author is liable, provided that he has been named as the author of the matter in the manner prescribed in Chapter 3, Article 2.  The author shall not, however, be liable if the matter was published without his consent, or if his name, pseudonym, or pen-name appeared thereon against his wishes.
 
Article 6
(1) If under Article 5 an author is not liable for matter which includes or is intended to include contributions by several authors, and if a special responsible publisher has been nominated in the manner prescribed in Chapter 3, Article 2 this responsible publisher shall be liable.
(2) In the case of printed matter other than printed matter under Paragraph (1), the responsible publisher shall be liable only if the author was dead at the time of publication.
(3) The responsible publisher is not liable if his name, pseudonym, or penname appeared against his wishes.
(4) The responsible publisher of printed matter other than a periodical is taken to be the person who, without being the author, delivers it for printing and publication.
 
Article 7
(1) If neither the author nor the responsible publisher under Article 5 or 6 is liable, or if he was dead when the matter was published, the publisher is liable.
(2) The publisher of printed matter other than a periodical is taken to be the person who has undertaken to print and publish the writings of another.
 
Article 8
If there was no publisher, or if the identity of the publisher cannot be ascertained, the printer of the material is liable in the publisher's place.
 
Article 9
The provisions of Article 4 apply also in corresponding manner to the liability of a disseminator of printed matter other than a periodical.
 

[Part 3]  Provisions Applicable to All Printed Matter

 
Article 10
(1) If the person who would have been liable under Article 2, 5, 6 or 7 at the time of publication of the printed matter has no known place of abode in Sweden, and if his present whereabouts in the Realm cannot be ascertained in the prosecution of the case, liability passes to the person next liable after him, with the proviso that liability shall not pass to the responsible publisher of any non-periodical printed matter other than in cases under Article 6 (1) or to a disseminator.
(2) The same applies if circumstances existed which according to law exclude from punishment the person otherwise liable under Article 1, 2, 5, 6 or 7, and if the person next liable after him knew of, or should have known of, these circumstances.
 
Article 11
Circumstances which would involve liability under this chapter for a person other than the accused shall be taken into consideration only if the relevant evidence is produced prior to the main hearing.
 
Article 12
In determining the liability of a person liable for printed matter under this chapter the content of the matter shall be deemed tohave been inserted with the knowledge and consent of the said person.
 

Chapter 9  On Supervision and Prosecution

 
Article 1
The Justice Chancellor shall ensure that the limits of the freedom of the press established in the present Act are not transgressed.
 
Article 2
(1) The Justice Chancellor alone acts as prosecutor in cases concerning offenses against the freedom of the press.  No one other than the Justice Chancellor may institute pre-judicial inquiries concerning offenses against the freedom of the press.  Only the Justice Chancellor and the competent court may approve coercive measures on suspicion of such an offence, unless otherwise provided in this Act.
(2) The Government may report printed matter to the Justice Chancellor with a view to the institution of criminal proceedings on account of an offence against the freedom of the press.  It may be laid down in law that public criminal proceedings for offenses against the freedom of the press shall be instituted only with the consent of the Government.
(3) Similarly, the Justice Chancellor alone acts as prosecutor in cases affecting the freedom of the press which are not offenses against the freedom of the press, and in cases which otherwise relate to violations of the provisions of the present Act; provisions of law however govern the right of a Parliamentary Ombudsman to act as prosecutor in cases of this nature.
 
Article 3
(1) The right to institute criminal proceedings on account of an offence against the freedom of the press lapses if such proceedings have not been instituted, in the case of a periodical for which a valid license to publish existed at the time of publication within six months, and in the case of any other printed matter within one year from the date of publication.  If, however, public criminal proceedings have been instituted within the said period, fresh proceedings may be instituted, notwithstanding the foregoing, against other persons who are liable in connection with the offence.
(2) Statutory provisions concerning the period within which an offence must be prosecuted if penal sanctions are to follow apply also to offenses against the freedom of the press.
 
Article 4
The right of a private plaintiff to report offenses against the freedom of the press or to institute criminal proceedings for such offenses shall be regulated by law.
 
Article 5
If no one is liable for the offence under the provisions of Chapter 8, or if no summons can be served within the Realm on the person liable, the prosecutor or plaintiff may petition for the confiscation of the printed matter in lieu of the institution of criminal proceedings.
 

Chapter 10  On Special Coercive Measures

 
Article 1
(1) If there is reason to believe that printed matter may be subject to confiscation in connection with an offence against the freedom of the press, the publication may be seized pending a decision.
(2) A ban on publication may furthermore be issued in respect of a periodical in cases under Chapter 7, Article 8 pending a court decision.
 
Article 2
If the offence is subject to criminal proceedings, the Justice Chancellor may order the publication to be seized and issue a ban on publication before charges are brought or application has been made to the court for confiscation of the publication.  It may be prescribed by statute that a public prosecutor may be similarly empowered to order material within his jurisdiction to be seized.
 
Article 3
When a public prosecutor has ordered material to be seized, the Justice Chancellor must be notified without delay.  The Justice Chancellor shall determine forthwith whether the order shall be upheld.
 
Article 4
When the Justice Chancellor has ordered material to be seized or has confirmed an order issued by a public prosecutor, public criminal proceedings shall be instituted, or an application made for confiscation of the printed matter, within two weeks from the date on which the Justice Chancellor made his decision.  If the foregoing provisions are not observed, the seizure order and any accompanying ban on publication becomes void.
 
Article 5
(1) Once criminal proceedings have been instituted for an offence against the freedom of the press or following an application to the court for confiscation, the court may order material to be seized and issue a ban on publication or revoke a seizure order or a ban on publication which has already been issued.
(2) In reaching its decision in such an action, the court must determine whether any order which has been issued shall continue to be in force.  If a case is dismissed because the court is not competent, or if the court otherwise dismisses a case without determining whether the printed matter is of a criminal nature, and if there is reason to believe that there will be an application for confiscation in another action, the court may confirm the order for a limited period to be determined by the court.  If no action is brought within that period, the order becomes void.
 
Article 6
A seizure order shall contain a statement as to the passage or passages in the publication which occasioned the order and shall apply only to the volume, part, issue or instalment in which the passage occurs.
 
Article 7
A seizure order shall be effected by the police authority forthwith.  The dissemination of printed matter which has been seized is subject to prohibition under Chapter 6, Article 3.
 
Article 8
(1) Seizure of printed matter shall relate only to those copies which were intended for dissemination.
(2) Proof of seizure shall be furnished free of charge to the person on whose premises seizure was effected and to the person who printed the material.  Such proof shall contain information concerning the passage or passages in the publication which occasioned it to be seized.
 
Article 9
When a seizure order has been revoked or has become void, the order shall be reversed forthwith.
 
Article 10
{...}
 
Article 11
(1) If, at such time as the country is at war or is exposed to thedanger of war, printed matter is discovered in a unit of the armed forces, and that matter manifestly constitutes such incitement punishable under the provisions of Chapter 7, Article 4 as may induce members of the armed forces to neglect their duties, such matter may be impounded pending a seizure order, on a decision of the officer competent in law to decide matters of disciplinary responsibility in respect of the unit concerned.
(2) If there is danger in delay, action as aforesaid may also be taken without such a decision by another officer under provisions established in law.  Such action shall however be reported without delay to the officer referred to in Paragraph (1), who shall consider forthwith whether the material shall remain impounded.
 
Article 12
When a decision has been made under the provisions of Article 11 to impound printed matter, a notice to that effect shall be submitted to the Justice Chancellor without delay.  The Justice Chancellor considers forthwith whether the publication shall be subject to seizure.
 
Article 13
The provisions of law generally applicable to the seizure of objects liable to forfeit shall apply to the seizure of any periodical disseminated in violation of a ban on publication or manifestly constituting a continuation of a periodical specified in such ban.
 
Article 14
If a copy of printed matter can reasonably be assumed to be of importance in connection with inquiries relating to an action concerning the freedom of the press, it may be seized.  The provisions of Articles 2, 3, 5 (1), 6, 7 (1), and 9 shall apply in this connection.  The general provisions of law concerning seizure shall also apply in relevant parts.
 

Chapter 11  On Private Claims for Damages

 
Article 1
(1) A claim for damages based on abuse of the freedom of the press may be entered solely on the ground that the printed matter to which the claim refers contains an offence against the freedom of the press.  Unless otherwise provided below, such a claim may be made only against the person who under the terms of Chapter 8, is liable for the offence under penal law.  If liability has devolved on such a person by reason of circumstances under Chapter 8, Article 10 the claim may also be made against the person liable immediately before him, provided that, and to the extent that, the claim may otherwise be made according to law.
(2) The provisions of Chapter 8, Article 12 concerning liability apply also to claims for damages.
(3) The relevant provisions of law shall apply with regard to claims for damages in respect of offenses under Chapter 7, Article 2 or 3.
 
Article 2
A claim for damages that may be made against the responsible publisher of a periodical or his deputy may be made also against the owner.  In the case of other printed matter, a claim that may be made against the author or responsible publisher may be made also against the publisher.
 
Article 3
If any person is liable as legal representative of a legal person, or as guardian, trustee or administrator, for damages on account of an offence against the freedom of the press, a claim for damages may be made also against the legal person, or against the person for whom the guardian, trustee or administrator wasappointed, provided that, and to the extent that, the said claim may otherwise be made according to law.
 
Article 4
If a person is liable for damages under this chapter together with another person, such persons shall be liable jointly and severally.  The apportionment of liability between the two parties shall be determined in accordance with the relevant statutory provisions.
 
Article 5
A claim for damages on account of an offence against the freedom of the press may be made even if the question of liability under penal law has lapsed or an action under penal law is excluded.
 

Chapter 12  On Legal Proceedings in Actions in Freedom of the Press Cases

 
Article 1
(1) Actions concerning the freedom of the press are heard by the district court within whose jurisdiction the county administration has its seat.  If any reason prompts the designation of another district court within the county to hear actions concerning the freedom of the press, the Government may issue an order to that effect.
(2) Actions concerning the freedom of the press are actions concerning civil or criminal liability for offenses against the freedom of the press, and applications under Chapter 9, Article 5.  Actions concerning the freedom of the press shall include also actions concerning civil or criminal liability for offenses under Chapter 7.  In the case of an offence under Chapter 9, Article 5 (2), however, and if the person who procured the information has not caused it to be published in print and has not communicated it to another person for the purpose of such publication, the case shall be tried as an action concerning the freedom of the press only if it is manifestly evident that the information was procured for the purpose of publication in printed matter.
 
Article 2
(1) In actions under penal law concerning the freedom of the press the question of whether a criminal offence has been committed shall be tried by a jury of nine members, unless both parties declare themselves willing to refer the case to the court for decision without a jury.  However, the question of whether the defendant is the person responsible for the publication concerned under the provisions of Chapter 8 shall always be tried by the court sitting alone.  Whenever the question of whether a criminal offence has been committed is tried by a jury, the answer shall be considered to be in the affirmative if at least six members of the jury concur in that opinion.
(2) If the jury finds that no criminal offence has been committed, the defendant shall be acquitted.  If the jury finds that a criminal offence has been committed.  the question is also considered by the court.  If the opinion of the court differs from that of the jury, the court is entitled to acquit the defendant or to apply a penal provision imposing a milder sanction than that applied by the jury.  If an appeal is lodged against the judgment of the district court, the court seized with the appeal is not entitled to depart further than the district court from the judgment passed by the jury.
 
Article 3
Jurors shall be appointed for each county and shall be divided into two groups with 16 jurors in the first group and 8 in the second group.  The jurors in the second group must be currently or have been previously lay members of a court of general jurisprudence or an administrative court.
 
Article 4
(1) Jurors are appointed for a term of four calendar years.
(2) The jurors are elected in each county by the county council or, where there is a primary commune in the county which does not come under any county council, jointly by the county council and the council of the aforementioned commune.  In the county of Gotland jurors are elected by the council of the Gotland primary commune.  If jurors are to be elected by more than one electoral body pursuant to the foregoing, the number of jurors in each group shall be divided between the electoral bodies by the county administration in proportion to the population.
(3) When jurors are due to be elected it shall be incumbent upon the district court to give notice to this effect to the authority responsible for arranging the election.
 
Article 5
Jurors shall be selected from among Swedish citizens resident in the county for which they are to be appointed.  They shall be known for their soundness of judgment, independence and fair-mindedness.  Different social groups and currents of opinion and various parts of the county shall be represented among the jurors.  A person who is under age or who has an administrator appointed under special provisions of law may not act as a juror.
 
Article 6
Any juror who has attained the age of sixty years shall be entitled to resign his mandate.  If a juror wishes to retire in any other circumstances the district court is to consider whether valid grounds exist which prevent him from carrying out his duties.  If a juror ceases to be eligible, his mandate ceases to be valid.
 
Article 7
If a juror retires or ceases to be eligible, the electoral body shall appoint another person from the group of jurors to which he belonged to take his place for the remainder of the electoral period.  Such a juror may be appointed by the executive committee of the county council on the county council's behalf, but an election of this nature is valid only until the next session of the county council.
 
Article 8
(1) Complaints concerning the election of jurors are lodged with the district court.  Even if no complaint has been lodged, the court shall examine the qualifications of those who have been elected.
(2) The statutory provisions concerning appeals against the decisions of a district court in legal proceedings apply also to appeals against the decision of a district court on a question under Paragraph (1).  There is no appeal against the decision of the court of appeal.
(3) Even if a complaint is lodged, the election is valid unless the court rules otherwise.
 
Article 9
Persons appointed to serve as jurors shall be entered on a jurors list in which each  roup is listed separately.
 
Article 10
(1) When legal proceedings have been initiated in which a jury will participate, the court shall present the jurors' list and raise the question whether there are grounds for disqualifying any of the persons included in the list.  The statutory provisions relating to the disqualification of judges shall apply.
(2) The jury is then drawn up from undisqualified jurors in the following manner: each party has the right to exclude three jurors in the first group and one in the second, and the court selects substitutes by lot thereafter from among those remaining, until six jurors are left in the first group and three in the second.
 
Article 11
If there are several parties on one side only one of whom wishes to exercise his right to exclude jurors, an exclusion made by him shall be deemed also to be an exclusion made by the others.  If co-parties wish to exclude different jurors, and if they are unable to reach agreement, the court makes the exclusion by lot.
 
Article 12
(1) No person may avoid jury service without legal cause.
(2) If the number of members required in a group cannot be made up because of disqualification or legal excuse, the court nominates three persons eligible to be jurors in that group for each juror required.  Each party has the right to exclude one of the persons so named.  No person shall be nominated as a juror who has already been excluded in the same proceedings.
 
Article 13
If several cases in which a jury shall act are being heard concurrently,  he court may rule, after having consulted the parties, that the same jury shall act in all cases.  If a jury is to be empaneled jointly for two or more cases, the provisions of Article 11 regarding the exclusion of jurors in a case in which there is more than one party on one side shall apply mutatis mutandis.
 
Article 14
(1) If in legal proceedings under penal law an action also for civil liability is brought against a person other than the accused, the steps to be taken by a defendant under Article 2 (1), 10 (2), and 12 (2) devolve upon the accused.
(2) If an action is brought which is not connected with a criminal prosecution but concerns the confiscation of printed matter or is an action under civil liability law, the provisions of Article 2 and of Articles 10-13 shall apply; if, however, the question whether a criminal offence has been committed has already been considered in a case concerning the freedom of the press and concerning criminal liability, the question whether a criminal offence has been committed shall not be reconsidered.  In an application case, the exclusion of jurors, which is otherwise the prerogative of the parties, is made by the court by lot.
 
Article 15
(1) Further provisions regarding legal proceedings in actions concerning the freedom of the press shall be set forth in law.
(2) If there are several district courts in one county competent to hear actions concerning the freedom of the press, the duties specified in Articles 4, 6, 8 and 9 shall be carried out by the district court designated by the Government
 
Article 16
In cases in which the country is at war or is exposed to the danger of war, or where such exceptional conditions prevail as are due to war or to a danger of war to which the country has been exposed, provisions concerning postponement of elections of jurors or concerning exemptions from the right of a juror to withdraw from service shall be laid down in law or, upon authorization by law, in a statutory order issued by the Government.
 

Chapter 13  On Matter Printed Abroad

 
Article 1
Matter printed outside the Realm shall be deemed to have been published in the Realm if it has been delivered for dissemination in the Realm in the manner set forth in Chapter 1, Article 6.
 
Article 2
(1) If a periodical which is printed outside the Realm is intended principally for dissemination within the Realm, the relevant provisions of Chapter 5 shall apply; the provisions relating to the qualifications of owners shall not however be applicable.
(2) Publication within the Realm of any other periodical printed abroad does not require a license to publish, provided, however, that if such a license exists, the provisions of Paragraph (1) shall apply to the publication.
 
Article 3
With regard to matter printed outside the Realm, the provisions of this Act concerning the responsibility of a person who has produced printed matter shall refer to the person who caused the matter to be delivered for dissemination in the Realm, or, if his identity cannot be ascertained or if at the time of publication here he was not resident in the Realm, to the person who shall be considered to be the disseminator under the provisions of Chapter 6.
 
Article 4
The obligation to retain for inspection copies of printed matter produced abroad and to supply copies of such printed matter to libraries or archives shall be governed by provisions laid down in law.
 
Article 5
(1) The provisions of Chapter 1, Article 1 (3)-(4) concerning the making of statements and the communication or procurement of information for purposes of publication shall apply in like manner to communications for publication in matter printed abroad and to the procurement of information for the purpose of such communication, unless
1) the communication or procurement of information would constitute an offence against the security of the Realm;
2) the communication constitutes delivery of documents or making available of documents under Chapter 7, Article 3 (1.2);
3) the communication would constitute a deliberate breach of an obligation to observe secrecy.
(2) If the communication or procurement of information is punishable in any respect referred to in Paragraph (1), the relevant statutory provisions shall apply.  Any action concerning criminal liability or claims for damages on account of a criminal offence now referred to shall be tried as an action concerning the freedom of the press, unless Chapter 12, Article 1 (2), third sentence is applicable mutatis mutandis.  With regard to the right of the communicator of information to enjoy anonymity the provisions of Chapter 3 shall apply; Article 3 (0.3) shall however be construed to refer also to offenses against the security of the Realm other than those mentioned therein.
(3) The provisions of Chapters 1, 3, 6, and 7 and of Chapter 12, Articles 1, 2, 5, and 7 and the provisions of Chapters 9-12 shall apply in relevant parts also to matter printed outside the Realm and published within the Realm.
 

Chapter 14  General Provisions

 
Article 1
(1) The provisions of law generally applicable with respect to the judicial review of finally adjudicated cases shall apply also to judgments in cases concerning the freedom of the press, even if the question whether a criminal offence has been committed has been tried by a jury.
(2) If a case in which a jury has considered whether a criminal offence has been committed is reopened and its reopening is founded on circumstances which may be presumed to have influenced the jury's deliberations, it shall be decided at thesame time that the case shall be resubmitted to a jury in the court which first pronounced judgment.  If the retrial has been granted for the benefit of the accused and the matter is manifest, the court which granted the retrial may instead amend the judgment forthwith.
 
Article 2
The provisions of Chapter 12, Articles 10-14 shall apply with respect to the appointment of a jury when, in pursuance of a decision of a higher court, a case concerning the freedom of the press in which a jury participated is to be heard again by a jury before the court which first pronounced judgment.
 
Article 3
Actions concerning the freedom of the press and other actions concerning offenses against the provisions of this Act shall always be heard without delay.
 
Article 4  {...}
 
Article 5
(1) In all matters not dealt with in this Act or in special legislation enacted by virtue of this Act, general provisions of law and statute shall apply.
(2) Except as otherwise provided in this Act or elsewhere in law, foreign nationals are to be equated with Swedish citizens.
 
Article 6  {...}

For methodology see: Comparing Constitutions and International Constitutional Law.
© 1994 - May 29th, 2010 / For corrections please contact A. Tschentscher.