Tryckfrihetens gränser

• Tryckfrihetens gränser is a doctrinal analysis of the constitutional provisions regarding the freedom of the press with a focus on the limits of those provisions, especially the sections related to criminal liability.The thesis is divided into four chapters. Chapter I deals with the field of application of the Freedom of the Press Act (Tryckfrihetsförordningen), which is an integral part of the Constitution. Different kinds of conflicts between this legislation and ordinary legislation are discussed. According to Swedish law, the constitutional principle of freedom of the press is restricted through a teleological interpretation, meaning that only expressions which further a free flow of opinions or promote general enlightenment are exlusively protected by the Constitution. Hence, advertising for example, has to a large extent been excluded from constitutional protection. The basis for this view is that the freedom of expression has been given constitutional protection because, above all, it is a condition for the proper functioning of democracy; expressions or statements that have no relevance in this respect can thereby be judged according to ordinary legislation without considering the Constitution. The author points out that such a ”functional” way of understanding the concept of freedom of the press can result in an interpretation which only covers politically relevant information. Such a concept would differ substantially from a more classical freedom of the press concept.Chapter II explains the liability for the contents in printed matter. The legislation is based on an artificial and objective (strict) liability that is unique in Swedish law. The purpose of this chapter is to explain those rules and to coordinate them with other penal legislation. The crimes regulated in the Freedom of the Press Act are examined in Chapter III. Among the crimes presented here, from a freedom of speech point of view, are: high treason, rebellion, espionage, revealing of privileged information, instigation of rebellion, defamation and agitation against a group of people based on their racial, ethnical, national or religious background.Chapter IV deals with the rules of the constitutional right to provide information to the press. To a very large extent Swedish law guarantees the right to protection from reprisal and the right to remain anonymous for those who contribute to or assist in the production of printed matter. Only the person who is formally liable for the contents of the publication is required to come forth to face possible punishment, whereas assistance normally cannot be the subject of legal reprisal. The legislation also provides the press with a special position regarding access to information: official secrets and other legally privileged information can often be exposed without the risk of a criminal action if they are revealed through contacts with the press. This special privilege legislation is the subject of some criticism in the thesis, partly because it results in a technically complicated system of regulation and partly because the author believes that privileges should be avoided in the Constitution: ”the freedom of the press should be the freedom of everybody”. The author suggests some changes in the current legislation that would diminish the problems pointed out without limiting the media’s access to information.  

Subject headings

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Keyword

Tryckfrihetsrätt - Sverige

Publication and Content Type

vet (subject category)

dok (subject category)