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The Freedom of the Press Act

Chapter 1. On the freedom of the press

Art. 1. The freedom of the press is understood to mean the right of every Swedish citizen to publish written matter without prior hindrance by a public authority or other public body and not to be prosecuted thereafter on grounds of its content other than before a lawful court, or punished therefor other than because the content contravenes an express provision of law, enacted to preserve public order without suppressing information to the public.

In accordance with the principles set out in paragraph one concerning freedom of the press for all, and to secure the free exchange of opinion and availability of comprehensive information, every Swedish citizen shall be free, subject to the rules contained in this Act for the protection of private rights and public safety, to express his ideas and opinions in print, to publish official documents and to communicate information and intelligence on any subject whatsoever.

All persons shall likewise be free, unless otherwise provided in this Act, to communicate information and intelligence on any subject whatsoever, for the purpose of publication in print, to an author or other person who may be deemed to be the originator of material contained in such printed matter, the editor or special editorial office, if any, of the printed matter, or an enterprise which professionally purveys news or other information to periodical publications.

All persons shall furthermore have the right, unless otherwise provided in this Act, to procure information and intelligence on any subject whatsoever, for the purpose of publication in print, or in order to communicate information under the preceding paragraph.

Art. 2. There shall be no scrutiny of any written matter prior to printing, nor shall it be permitted to prohibit the printing thereof.

Neither shall it be permitted for a public authority or other public body to take any action not authorised under this Act to prevent the printing or publication of written matter, or its dissemination among the general public, on grounds of its content.

Art. 3. No person shall be prosecuted, held liable under penal law or held liable for private damages, on account of an abuse of the freedom of the press, or complicity therein, nor shall a publication be confiscated or impounded other than as prescribed and in the cases specified in this Act.

Art. 4. Any person entrusted with passing judgment on abuses of the freedom of the press or otherwise overseeing compliance with this Act shall bear constantly in mind in this connection that the freedom of the press is fundamental to a free society, direct his attention always more to illegality of sub-ject matter and thought than to illegality of expression, to the aim rather than the manner of presentation, and, in case of doubt, acquit rather than convict.

In determining the penal sanctions associated with abuses of the freedom of the press under this Act, particular attention shall be directed, when dealing with statements which require correction, to whether such correction has been brought to the attention of the public in an appropriate manner.

Art. 5. This Act shall apply to all written matter produced using a printing press. It shall likewise apply to written matter duplicated by stencil, photocopying, or other like technical process, provided

1. a valid certificate of no legal impediment to publication exists in respect of the written matter; or

2. the written matter is supplied with a note indicating that it has been duplicated and, in association therewith, clear information concerning the identity of the person who duplicated it and the place and year of duplication.

Rules in this Act which refer to written matter produced using a printing press, or to printing, shall apply in like manner to other written matter to which the Act applies under paragraph one, or to the duplication of such matter, unless otherwise indicated.

Pictorial matter shall be classified as written matter even when there is no accompanying text.

Art. 6. Printed matter shall not be deemed to be such unless it is published. Printed matter shall be deemed to have been published when it has been delivered for sale or dissemination in Sweden by other means. This does not however apply to printed documents of a public authority to which there is no access for all.

Art. 7. A periodical publication shall be understood to mean any newspaper, magazine or other such printed matter, which, according to its publishing schedule, is intended for publication in at least four issues or instalments a year, published at different times under a particular title, and posters and supplements pertaining thereto. Once a certificate of no legal impediment has been issued, a publication shall be deemed to be a periodical until such time as the certificate is withdrawn or is declared to have lapsed.

If the owner of a periodical publication disseminates or causes to be disseminated the contents of the periodical or parts thereof in the form of a radio programme or technical recording under the Fundamental Law on Freedom of Expression, the programme or technical recording shall be equated, in respect to the application of Chapters 1 to 14, with a supplement to the periodical, insofar as the version disseminated in such form reproduces the contents of the periodical in unaltered form and indicates how the contents have been disposed. A special obligation to record such programmes, and retain technical recordings and keep them available, may be laid down in an act of law. Rules concerning the right to broadcast are contained in Chapter 3 of the Fundamental Law on Freedom of Expression.

Art. 8. Provisions laid down in law apply in respect of the rights vested in the originator of a work of literature or art or the originator of a photographic picture, rights neighbouring on such copyright, and the prohibition of the reproduction of works of literature or art in such a way as to encroach upon cultural interests.

Art. 9. The provisions of this Act notwithstanding, rules laid down in law shall govern

1. bans on commercial advertising insofar as the advertising is employed to market alcoholic beverages or tobacco products;

2. bans on commercial advertising introduced for the protection of health or the environment in accordance with obligations pursuant to accession to the European Communities;

3. bans on the publication, within the framework of the professional provision of credit information, of any credit information which improperly infringes the personal integrity of a private person or contains false or misleading statements; liability for private damages for such publication; and the correction of false or misleading statements;

4. liability under penal law and liability for private damages relating to the manner in which information has been procured.

Art. 10. This Act does not apply to the portrayal of children in pornographic pictures.

Chapter 2. On the public nature of official documents

Art. 1. To encourage the free exchange of opinion and availability of comprehensive information, every Swedish citizen shall be entitled to have free access to official documents.

Art. 2. 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 another state or international organisation;

2.the central fiscal, monetary or currency 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 economic interest of the public institutions;

6.the protection of the personal or economic circumstances of private subjects;

7.the preservation of animal or plant species.

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 refers. With authority in such provisions, the Government may however issue more precise provisions for its application in a statutory instrument.

The provisions of paragraph two notwithstanding, the Riksdag or the Government may be empowered, in a regulation under paragraph two, to permit the release of a particular document, having regard to the circumstances.

Art. 3. Document shall be understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority.

A recording under paragraph one shall be deemed to be held by a public authority, if it is available to the authority using technical aids, which the authority itself employs, for communication in such form that it may be read, listened to, or otherwise comprehended. This does not however apply to a recording forming part of a register of persons, if by law, or under a statutory instrument, or under a special decision taken by virtue of law, the public authority is not entitled to make the communication. Register of persons shall be understood to mean any register, list, or other record containing information concerning a private person which can be related back to that person.

Art. 4. A letter or other communication which is directed to the holder of an office in a public authority in person shall be deemed to be an official document if it refers to a case or other matter falling within the authority's purview, and if it is not intended for the addressee solely in his capacity as incumbent of another position.

Art. 5. The Riksdag and any local government assembly vested with decision-making powers shall be equated with a public authority for the purposes of this Chapter.

Art. 6. A document shall be deemed to have been received by a public authority when it has arrived at the authority or is in the hands of a competent official. A recording under Article 3, paragraph one, shall be deemed instead to have been received by the authority when it has been made available to the authority by another in the manner indicated in Article 3, paragraph two.

Competition documents, tenders and other such documents which it has been advertised shall be delivered under sealed cover shall be deemed not to have been received before the time appointed for their opening.

Measures taken solely as part of the technical processing or technical storage of a document which a public authority has made available shall not be construed to mean that the document has been received by that authority.

Art. 7. 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 has otherwise received final form.

The provisions of paragraph one notwithstanding, a document of the nature referred to below shall be deemed to have been drawn up

1. in the case of a day-book, ledger, and such register or other list as is kept on an ongoing basis, when the document has been made ready for entry or registration;

2. in the case of a court ruling and other decision which shall be pronounced or despatched under relevant provisions of law, and records and other documents insofar as they relate to such a decision, when the decision has been pronounced or despatched;

3. in the case of other records and comparable memoranda held by a public authority, when the document has been finally checked and approved by the authority or has otherwise received final form, but not the records of Riksdag committees, the Parliamentary Auditors or auditors of local authorities, State commissions, or local authorities where they relate to a matter dealt with solely in order to prepare the matter for decision.

Art. 8. If a body which forms part of, or is associated with, a public authority or other like body for the public administration has passed a document to another body within the same administration, or has produced a document for the purpose of passing it on in this manner, the document shall not be deemed thereby to have been received or drawn up, other than if the bodies concerned act as independent entities in relation one to the other.

Art. 9. Nor shall a memorandum which has been prepared at a public authority, but which has not yet been despatched, be deemed to be an official document at that authority after the time at which it would be deemed to have been drawn up under Article 7, unless it has been accepted for filing and registration. Memorandum shall be understood to mean any aide memoire or other note or recording produced solely for the preparation or oral presentation of a matter, but not such part of it as contributes factual information to the matter.

Preliminary outlines or drafts of decisions or official communications of a public authority and other like documents which have not yet been despatched shall not be deemed to be official documents unless accepted for filing and registration.

Art. 10. A document held by 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 held by that authority.

Art. 11. The following documents shall not be deemed to be official documents:

1.letters, telegrams, and other such documents delivered to or drawn up by a public authority solely for the purpose of forwarding a communication;

2.notices 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, recordings of sound or pictures, or other documents forming part of a library or deposited by a private person in a public archive solely for the purpose of care and safe keeping, or for research and study purposes, and private letters, written matter or recordings otherwise surrendered to a public authority solely for the purposes referred to above;

4.recordings of the contents of documents under point 3, if such recordings are held by a public authority, where the original document would not be deemed to be an official document.

The provisions of paragraph one, point 3, concerning documents forming part of a library shall not apply to recordings for automatic data processing in registers to which a public authority has access under an agreement with another public authority.

Art. 12. An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy.

A public authority is under no obligation to make a document available at the place where it is held, if this presents serious difficulty. Nor is there any such obligation in respect of a recording under Article 3, paragraph one, if the applicant can have access to the recording, without serious inconvenience, at a public authority in the vicinity.

Art. 13. A person who wishes to examine an official document shall also be entitled to obtain a transcript or copy of the document, or such part thereof as may be released, in return for a fixed fee. A public authority shall however be under no obligation to release a recording for automatic data processing in any form other than a printout. Nor shall there be any obligation to provide copies of maps, drawings, pictures, or any recording under Article 3, paragraph one, other than in the manner indicated above, if this would present difficulty and the document can be made available at the place where it is held.

Requests for transcripts or copies of official documents shall be dealt with promptly.

Art. 14. A request to examine an official document shall be made to the public authority which holds the document.

The request shall be examined and approval granted by the authority indicated in paragraph one. Where special grounds so warrant, it may however be provided in a regulation under Article 2, paragraph two, that in applying this regulation, examination and approval shall rest with another public authority. In the case of a document of central significance for the security of the Realm, it may also be laid down in a statutory instrument that only a particular authority shall be entitled to examine and approve questions relating to release. In the aforementioned cases, the request shall be referred forthwith to the competent authority.

No public authority shall be permitted to inquire into a person's identity on account of a request to examine an official document, or inquire into the purpose of his request, except insofar as such inquiry is necessary to enable the authority to judge whether there is any obstacle to the release of the document.

Art. 15. Should anyone other than the Riksdag or the Government reject a request to examine an official document, or release such a document with a proviso restricting the applicant's right to disclose its contents or otherwise dispose over it, the applicant may appeal against the decision. An appeal against a decision by a minister shall be lodged with the Government, and an appeal against a decision by another authority shall be lodged with a court of law.

The act referred to in Article 2 shall set out more precisely how an appeal against a decision under paragraph one shall be lodged. Such an appeal shall always be examined promptly.

Special provisions apply to the right to appeal against decisions by authorities under the Riksdag.

Art. 16. A note concerning obstacles to the release of an official document may be made only on a document covered by regulations under Article 2, paragraph two. Such a note shall refer to the relevant provision.

Art. 17. It may be laid down in an act of law that the Government, or a local government assembly vested with decision-making powers, shall have the right to determine that official documents relating to the activities of a public authority which are to be taken over by a private body may be transferred into the keeping of that body, if it requires the documents for its work, without the documents ceasing thereby to be official. Such a body shall be equated with a public authority in respect of documents so transferred when applying Articles 12 to 16.

It may also be laid down in an act of law that the Government may determine that official documents may be passed to the Church of Sweden or any part of its organisation for safe keeping, without the documents ceasing thereby to be official. This applies to documents received or drawn up no later than 31 December 1999 by

1. public authorities which no longer exist and which performed tasks relating to the activities of the Church of Sweden; or

2. decision-making assemblies of the Church of Sweden.

In applying Articles 12 to 16, the Church of Sweden and any part of its organisation shall be equated with a public authority in respect of documents so transferred.

Chapter 3. On the right to anonymity

Art. 1. An author of printed matter shall not be obliged to have his name, pseudonym or pen-name set out therein. This applies in like manner to a person who has communicated information under Chapter 1, Article 1, paragraph three, and to an editor of printed matter other than a periodical.

Art. 2. It shall not be permitted to inquire into the identity of an author or a person who has communicated information under Chapter 1, Article 1, paragraph three, in a case relating to an offence against the freedom of the press, nor shall it be permitted to inquire into the identity of the editor of non-periodical printed matter. However, if, where non-periodical printed matter is concerned, the author or editor has been identified 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 editor, or has voluntarily made such a declaration before a court of law during the case, then the question of whether he is liable may be considered during the proceedings.

The provisions of paragraph one notwithstanding, the question of liability for an offence under Chapter 7, Article 3, may be examined in the same court proceedings as those dealing with offences against the freedom of the press.

Art. 3. A person who has concerned himself with the production or publication of printed matter, or with material intended for insertion therein, and a person who has been active in an enterprise for the publication of printed matter, or in an enterprise which professionally purveys news or other material to periodicals, may not disclose what has come to his knowledge in this connection concerning the identity of an author, person who has communicated information under Chapter 1, Article 1, paragraph three, or editor of non-periodical printed matter.

The obligation to observe silence under paragraph one shall not apply

1.if the person in whose favour the obligation to observe silence operates has given his consent to the disclosure of his identity;

2.if the question of identity may be raised under Article 2, paragraph one;

3.if the matter concerns an offence specified in Chapter 7, Article 3, paragraph one, point 1;

4.insofar as a court of law finds it necessary, where the matter concerns an offence under Chapter 7, Article 2 or Article 3, paragraph one, point 2 or 3, for information to be produced during the proceedings as to whether the defendant, or person suspected on reasonable grounds of the offence, has communicated information or contributed to an item; or

5.insofar as a court of law finds, in any other case, that it is of exceptional importance, having regard to a public or private interest, for information as to identity to be produced in testimony under oath or by a party in the proceedings under an affirmation made in lieu of oath.

In examination under paragraph two, point 4 or 5, the court shall scrupulously ensure that no questions are put which might encroach upon an obligation to observe silence in excess of what is permissible in each particular case.

Art. 4. No public authority or other public body may inquire into the identity of the author of material inserted or intended for insertion in printed matter, a person who has published or intended to publish material in such matter, or a person who has communicated information under Chapter 1, Article 1, paragraph three, other than insofar as this is necessary for the purpose of such prosecution or other action against him as is not contrary to the provisions of this Act. In cases in which such inquiries may be made, the obligation to observe silence under Article 3 shall be respected.

Art. 5. A person who, whether through negligence or by deliberate intent, inserts in printed matter the name, pseudonym or pen-name of the author, or, in a case under Article 1, editor or source, without his consent, or disregards an obligation to observe silence under Article 3, shall be sentenced to a fine or imprisonment for up to one year. The same penalty shall apply to a person who, whether through negligence or by deliberate intent, publishes in printed matter as that of the author, editor or source, the name, pseudonym or pen-name of a person other than the true author, editor or source.

Inquiries made in breach of Article 4, sentence one, if made deliberately, shall be punishable by a fine or imprisonment for up to one year.

Public criminal proceedings may be instituted on account of an offence under paragraph one only provided the injured party has reported the offence for prosecution.

Art. 6. For the purposes of this Chapter, a person deemed to be the originator of material inserted or intended for insertion in printed matter shall be equated with an author.

Chapter 4. On the production of printed matter

Art. 1. It shall be the right of every Swedish citizen and Swedish legal person to produce printed matter by means of a printing press, either alone or with the assistance of others.

Art. 2. Any written matter produced in the Realm using a printing press or duplicated here by stencil, photocopying, or other like technical process, in respect of which a valid certificate of no legal impediment to publication exists, shall indicate clearly the identity of the person who printed or otherwise duplicated the matter, together with the place and year of duplication, if the matter is intended for publication in the Realm and is not classifiable as job printing or pictorial reproduction.

Provisions are set out in Chapter 1, Article 5, paragraph one, concerning the publication of information under paragraph one in written matter duplicated by stencil, photocopying, or other like technical process, in respect of which no valid certificate of no legal impediment exists.

Art. 3. For the purposes of this Act, job printing or pictorial reproduction shall be understood to mean postcards and picture albums, visiting cards and notices, address cards, labels, forms, advertising matter, printed packaging, other commercial printed matter, and any other printed matter, provided always that an abuse of the freedom of the press on account of the text or otherwise can be presumed to be ruled out.

Art. 4. Provisions concerning an obligation to retain copies of printed matter for scrutiny and furnish copies of printed matter to libraries or archives are set out in an act of law.

Art. 5. A person producing written matter and thereby contravening the provisions of Article 2, paragraph one, shall be sentenced to a fine or imprisonment for up to one year.

Chapter 5. On the publication of periodicals

Art. 1. The owner of a periodical shall be a Swedish citizen or Swedish legal person. It may be provided in an act of law that also a foreign national or foreign legal person may be the owner of such a publication.

Art. 2. A periodical shall have a designated responsible editor.

The responsible editor shall be a Swedish citizen. It may be provided in an act of law that also a foreign national may be a responsible editor.

A responsible editor shall be domiciled within the Realm. No person who is a minor or a bankrupt, or for whom an administrator has been appointed under special provisions of law, may be a responsible editor.

Art. 3. The responsible editor of a periodical shall be appointed by the owner.

The mandate of a responsible editor shall embrace the power to supervise the publication of the periodical and to determine the contents thereof in such a way that nothing may be printed therein against his will. Any restriction of the powers thus vested in a responsible editor shall be null and void.

Art. 4. Once a responsible editor has been appointed, it lies with the owner to notify the appointment to the public authority designated in law. The information furnished shall include the responsible editor's name and place of domicile. It shall be accompanied by proof that the responsible editor meets the prescribed qualifications and a declaration from the responsible editor that he has taken up his duties.

Art. 5. A periodical shall not be published until a certificate has been issued stating that no obstacle exists under this Act to prevent its publication. A certificate of no legal impediment to publication shall be issued, on an application from the owner, by the authority referred to in Article 4. The application shall indicate the title, place of publication and publishing schedule of the periodical.

A certificate of no legal impediment may not be issued until the name of a responsible editor has been notified under Article 4.

An application for a certificate of no legal impediment may be rejected if the title of the periodical so closely resembles the title of a periodical for which a certificate of no legal impediment already exists that the two may easily be confused.

A certificate of no legal impediment shall be valid for ten years from the date of issue. The certificate shall lapse thereafter. The authority referred to in Article 4 shall declare the certificate to have lapsed on expiry of the ten-year period.

The certificate may be renewed for ten years at a time, effective from the expiry of the preceding ten-year period, on an application from the owner. An application for renewal may be made no earlier than one year before and no later than the expiry date. The same rules otherwise apply to an application for renewal of a certificate of no legal impediment as applied in the case of the original application.

If an application for renewal has been received in due time, the certificate shall continue to be valid, the provisions of paragraphs four and five notwithstanding, until the decision resulting from the application has acquired legal force.

Art. 6. A certificate of no legal impediment may be rescinded

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 fulfil the prescribed qualifications;

3. if there is no responsible editor, or if the responsible editor does not fulfil the prescribed qualifications and a qualified responsible editor is not appointed forthwith;

4. if the periodical has not appeared within six months from the date on which the certificate of no legal impediment was issued;

5. if at least four issues or instalments of the periodical specified in the certificate have not appeared at different times in either of the previous two calendar years;

6. if within six months from the appearance of the first issue it becomes apparent that a certificate should not have been issued under the provisions of Article 5, last paragraph; or

7. if the typographical appearance of the masthead of the periodical so resembles the masthead of another periodical for which a certificate of no legal impediment has already been issued that the two may easily be confused and the matter is not rectified forthwith.

A decision to rescind a certificate shall be taken by the authority referred to in Article 4. In matters under paragraph one, points 2 to 7, the owner and the responsible editor shall be afforded an opportunity to put forward their views, if this is possible.

Art. 7. If a certificate of no legal impediment has been rescinded on account of a circumstance under Article 6, paragraph one, point 2, 3, 5 or 7, or if the certificate has been declared to have lapsed, a certificate in respect of another periodical whose masthead so resembles the masthead of the original periodical that the two may easily be confused may not be issued without the owner's consent, within two years from the date on which the certificate was rescinded or lapsed.

Art. 8. If a responsible editor is no longer qualified, or his appointment as responsible editor otherwise ends, it shall be incumbent upon the owner to provide forthwith for the appointment of a new responsible editor and to notify the appointment to the authority referred to in Article 4. The provisions of Article 4 shall apply to such notification, which shall be accompanied by proof that the previous responsible editor has been informed of the notification of a new name, if this is possible.

If the place of publication or the publishing schedule changes, the owner shall notify the authority referred to in Article 4 forthwith.

Art. 9. The responsible editor of a periodical may have one or more deputies. These deputies shall be appointed by the responsible editor. When a deputy is appointed, the authority referred to in Article 4 shall be notified accordingly. Notification shall be accompanied by proof that the deputy meets the qualifications prescribed for a responsible editor, by a declaration from the deputy that he has accepted the appointment and by a statement from the owner that he has approved the deputy.

The provisions of Article 2, paragraphs two and three, shall apply in like manner to deputies. If the appointment of a responsible editor comes to an end, an appointment as deputy shall also lapse.

Art. 10. Once the appointment of a deputy has been notified, the responsible editor may authorise such a deputy, or, if there are two or more deputies, any one of them, to exercise in his place the powers vested in the responsible editor under Article 3.

If it can be presumed that a responsible editor will be continuously prevented for at least one month, by reason of illness or for any other temporary cause, from exercising the powers vested in him as responsible editor, he shall delegate these powers to a deputy without delay. If no deputy exists, or if the appointment of the person or persons designated as a deputy or deputies is coming to an end, it shall be incumbent upon the responsible editor to provide without delay for the appointment of a deputy and to notify the appointment as provided in Article 9.

Art. 11. The name of the responsible editor shall appear on each separate issue or instalment of a periodical.

If the responsible editor's powers have been delegated to a deputy, each issue or instalment of the periodical concerned shall state that the deputy is acting as responsible editor; if this is done, the name of the responsible editor need not be given as well.

Art. 12. If the owner of a periodical publishes the periodical without having a certificate of no legal impediment, or without being qualified;

or if the owner fails to ensure the appointment of a new responsible editor or notify such an appointment as provided under Article 8;

or if, in a case under Article 10, paragraph two, a responsible editor neglects to delegate his powers to a deputy;

or if a person publishes a periodical the publication of which has been declared prohibited under this Act, or which is manifestly a continuation of such a periodical;

or if a person allows his name to appear on a periodical as responsible editor or deputy responsible editor without being qualified;

he shall be liable to pay a fine; if the contents of the periodical have been declared to be criminal, or if the circumstances are otherwise exceptionally aggravating, he may be sentenced to imprisonment for up to one year.

Art. 13. The penalties specified in Article 12 shall apply also to a person who knowingly submits false information in an application or notification under this Chapter, or a declaration appended to such an application or notification.

Art. 14. If the owner of a periodical fails to report a new place of publication or a new publishing schedule under Article 8, he shall be sentenced to pay a money fine.

A responsible editor who offends against the provisions of Article 11 shall be sentenced to pay a money fine. This shall apply in like manner to a deputy acting as a responsible editor.

Chapter 6. On the dissemination of printed matter

Art. 1. It shall be the right of every Swedish citizen and Swedish legal person to sell, consign, or otherwise disseminate printed matter, either alone or with the assistance of others.

Art. 2. The provisions of this Act notwithstanding, provisions laid down in an act of law shall apply in cases in which a person

1. exhibits a pornographic picture on or at a public place by displaying it or the like in a manner liable to cause offence to the general public, or sends such a picture by post or other means to another person who has not ordered it in advance;

2. disseminates among children and young persons printed matter which by reason of its content might have a brutalising effect, or otherwise seriously endanger the moral tutelage of young persons.

More precise provisions concerning the dissemination of maps of Sweden or parts thereof which contain information of significance for the defence of the Realm, and dissemination of plans or pictures of a similar nature, are set out in an act of law.

Art. 3. If written matter under Chapter 4, Article 2, paragraph one, lacks the information prescribed therein, or if such information, or information provided under Chapter 1, Article 5, paragraph one, point 2, in written matter referred to therein is incorrect, and this fact is known to the disseminator, the disseminator shall be sentenced to pay a money fine.

The penalty for the dissemination of printed matter which, to the knowledge of the disseminator, has been impounded or confiscated, published in violation of a ban issued under this Act, or which manifestly constitutes a continuation of printed matter the publication of which has thus been prohibited, shall be a fine or imprisonment for up to one year.

Art. 4. The consignment of printed matter by post or other common carrier shall not be subject to special restrictions or conditions on grounds of its content. This shall not however apply to the consignment of printed matter which constitutes a violation of the provisions of Article 3.

A common carrier who has accepted printed matter for carriage shall not be deemed to be a disseminator.

Chapter 7. On offences against the freedom of the press

Art. 1. For the purposes of this Act an offence against the freedom of the press shall be understood to mean an offence under Articles 4 and 5.

Art. 2. No statement in an advertisement or other like communication shall be deemed an offence against the freedom of the press if it is not readily apparent from the content of the communication that liability for such an offence may arise. If the communication is punishable under law, having regard also to circumstances which are not readily apparent from its content, the relevant provisions of law shall apply. The foregoing shall apply in like manner to a communication conveyed in cypher or by other means secret from the general public.

Art. 3. If a person makes a communication under Chapter 1, Article 1, paragraph three, or if, without being responsible under the provisions of Chapter 8, he contributes to material intended for publication in printed matter, as author or other originator or editor, and thereby renders himself guilty of

1.high treason, espionage, gross espionage, gross unauthorised trafficking in secret information, insurrection, treason or betrayal of country, or any attempt, preparation or conspiracy to commit such an offence;

2.wrongful release of an official document to which the public does not have access, or release of such a document in contravention of a restriction imposed by a public authority at the time of its release, where the act is deliberate; or

3.deliberate disregard of an obligation to observe silence in cases specified in a special act of law;

provisions of law concerning liability on account of such an offence shall apply.

If a person procures information or intelligence for a purpose referred to in Chapter 1, Article 1, paragraph four, and thereby renders himself guilty of an offence under paragraph one, point 1 of this Article, provisions of law concerning liability on account of such an offence shall apply.

The provisions of Chapter 2, Article 12, paragraph three of the Instrument of Government shall apply also in respect of proposals for provisions under paragraph one, point 3 of this Article.

Art. 4. With due regard to the purpose of freedom of the press for all under Chapter 1, the following acts shall be deemed to be offences against the freedom of the press if committed by means of printed matter and if they are punishable under law:

1.high treason, committed with intent to bring the Realm or any part thereof under the subjection of a foreign power by violent or other unlawful means or with foreign assistance, or render the Realm dependent on such a power, or detach a part of the Realm by such means, or by coercion and with foreign assistance induce or prevent acts or decisions of the Head of State, the Government, the Riksdag, the Supreme Court or the Supreme Administrative Court, insofar as the act implies a risk that the intent will be realised;

any attempt, preparation or conspiracy to commit such high treason;

2.instigation of war, insofar as a danger that the Realm will be drawn into war or other hostilities is provoked with foreign assistance;

3.espionage, whereby, in order to assist a foreign power, a person conveys, consigns or discloses without due authority information concerning defence installations, armaments, storage installations, import, export, mode of fabrication, negotiations, decisions or any other circumstance the disclosure of which to a foreign power could cause detriment to the total defence system or otherwise to the security of the Realm, regardless of whether the information is correct;

any attempt, preparation or conspiracy to commit such espionage;

4.unauthorised trafficking in secret information, whereby a person, without due authority but with no intent to assist a foreign power, conveys, consigns or discloses information concerning any circumstance of a secret nature, the disclosure of which to a foreign power could cause detriment to the defence of the Realm or the national supply of goods in the event of war or exceptional conditions resulting from war, or otherwise to the security of the Realm, regardless of whether the information is correct;

any attempt or preparation aimed at such unauthorised trafficking in secret information;

conspiracy to commit such an offence, if the offence is gross, having particular regard to whether the act involved assistance to a foreign power or was exceptionally dangerous having regard to an existing state of war, or concerned circumstances of major significance, or if the offender disclosed information entrusted to him in conjunction with public or private employment;

5.carelessness in the handling of secret information, whereby through gross negligence a person commits an act referred to in point 4;

6.insurrection, committed with intent to overthrow the form of government by force of arms or otherwise by violent means, or induce or prevent by such means acts or decisions of the Head of State, the Government, the Riksdag, the Supreme Court or the Supreme Administrative Court, insofar as the act implies a risk that the intent will be realised;

any attempt, preparation or conspiracy to commit such insurrection;

7.treason or betrayal of country, insofar as a person thereby, when the Realm is at war or provisions of law relating to such offences otherwise apply, misleads or betrays persons active in the defence of the Realm or induces them to mutiny, break faith or lose heart, or betrays property of significance for the total defence system, or commits any other 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 conspiracy to commit such treason or betrayal of country;

8.carelessness injurious to the interests of the Realm, insofar as a person thereby through negligence commits an act referred to in point 7;

9.dissemination of rumours which endanger the security of the Realm, whereby, when the Realm is at war or provisions of law relating to such offences otherwise apply, a person spreads false rumours or other false statements liable to endanger the security of the Realm, or communicates or promotes the communication of such rumours or statements to a foreign power, or disseminates among members of the armed forces false rumours or other false statements liable to provoke disloyalty or to dishearten;

10.sedition, whereby a person exhorts or otherwise seeks to encourage criminal acts, neglect of civil obligations, disobedience to a public authority or neglect of duty incumbent upon a serving member of the armed forces;

11.agitation against a population group, whereby a person threatens or expresses contempt for a population group or other such group with allusion to race, colour, national or ethnic origin, or religious faith;

12.repealed;

13.unlawful depiction of violence, whereby a person portrays sexual violence or coercion in pictorial form with intent to disseminate the image, unless the act is justifiable having regard to the circumstances;

14.defamation, whereby a person alleges that another is criminal or blameworthy in his way of life, or otherwise communicates information liable to expose another to the contempt of others, and, if the person defamed is deceased, the act causes offence to his survivors, or might otherwise be considered to violate the sanctity of the grave except, however, in cases in which it is justifiable to communicate information in the matter, having regard to the circumstances, and proof is presented that the information was correct or there were reasonable grounds for the statement;

15.insulting words or behaviour, whereby a person insults another by means of offensive invective or allegations or other insulting behaviour towards him.

Art. 5. Offences against the freedom of the press shall also include any act committed by means of printed matter and punishable under law whereby a person

1.deliberately publishes an official document to which the public does not have access, if he obtained access to the document in the public service, while carrying out official duties or in any other comparable circumstances;

2.publishes information and deliberately disregards thereby an obligation to observe silence under the special act of law referred to in Article 3, paragraph one, point 3;

3.publishes information, when the Realm is at war or exposed to the immediate danger of war, concerning facts the disclosure of which constitutes an offence against the security of the Realm other than an offence under Article 4.

Art. 6. Provisions of law relating to penal sanctions on account of offences under Articles 4 and 5 shall apply also in a case in which the offence shall be deemed to be an offence against the freedom of the press.

Provisions concerning private claims for damages on account of offences against the freedom of the press are set out in Chapter 11. If the defendant is convicted of an offence specified in Article 4, point 14 or 15, and the printed matter is a periodical, an order may be issued on request for the verdict to be inserted in the periodical.

Art. 7. Printed matter containing an offence against the freedom of the press may be confiscated.

Confiscation of printed matter means the destruction of all copies intended for dissemination and the taking of such action with respect to forms, lithographic stones, stereotypes, plates and other such material adapted exclusively to the printing of the matter as will render impossible their misuse.

Art. 8. In conjunction with the confiscation of a periodical, publication of the periodical may, in the case of an offence referred to in Article 4, points 1 to 3, point 4, insofar as the offence is to be regarded as gross, and points 6 and 7, be prohibited for a particular period to be determined by the court, but not exceeding six months from the date on which the court's ruling in the freedom of the press case acquired legal force. Such a ban may be issued however only when the Realm is at war.

General provisions of law applying to forfeiture of objects on account of an offence 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 a ban.

Chapter 8. Liability rules

On liability for periodicals

Art. 1. Liability under law for an offence against the freedom of the press committed in a periodical lies with the person notified as responsible editor at the time when the periodical was published.

If a deputy had been notified and was acting as responsible editor, the deputy shall be liable.

Art. 2. If no certificate of no legal impediment to publication existed at the time when the periodical was published, or if the responsible editor liable under Article 1, paragraph one, was no longer qualified, or his appointment as responsible editor had otherwise come to an end, the owner shall be liable.

The owner shall likewise be liable in a case in which the responsible editor was appointed merely for appearance's sake, or was otherwise manifestly incapable of exercising the powers stipulated in Chapter 5, Article 3, at the time when the periodical was published.

If a deputy acting as responsible editor was no longer qualified at the time when the periodical was published, or if his appointment had otherwise come to an end, or a circumstance specified in paragraph two pertained in respect of the deputy, the responsible editor shall be liable.

Art. 3. If it is impossible to establish the identity of the owner at the time when the periodical was published, the printer shall be liable in place of the owner.

Art. 4. If a person disseminates a periodical which lacks information concerning the name of the printer, or if such information is known to the disseminator to be incorrect and the identity of the printer cannot be ascertained, the disseminator shall be liable in place of the printer.

On liability for non-periodical printed matter

Art. 5. When an offence is committed against the freedom of the press by means of non-periodical printed matter, the author shall be liable, if he has been identified as the author of the printed 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 will.

Art. 6. If the author is not liable under Article 5 for matter which includes or is intended to include contributions from several authors, and if a particular editor has been identified in the manner prescribed in Chapter 3, Article 2, the editor shall be liable.

In the case of printed matter other than printed matter under paragraph one, the editor shall be liable only if the author was deceased when the matter was published.

The editor shall not be liable if his name, pseudonym, or pen-name appeared on the matter against his will.

The editor of non-periodical printed matter shall be understood to be the person who, without being the author, delivers the matter for printing and publication.

Art. 7. If neither the author nor the editor is liable under Article 5 or 6, or if, when the matter was published, he was deceased, the publisher shall be liable.

The publisher of non-periodical printed matter shall be understood to be the person who has undertaken to print and publish the writings of another.

Art. 8. If there was no publisher, or if the identity of the publisher cannot be ascertained, the printer shall be liable in place of the publisher.

Art. 9. The provisions of Article 4 shall apply in like manner to the liability of a disseminator of non-periodical printed matter.

Provisions applicable to all printed matter

Art. 10. If the person who would have been liable under Article 2, 5, 6 or 7 at the time of publication of the printed matter had no known place of domicile in the Realm, and if his present whereabouts within the Realm cannot be ascertained in the case, liability shall pass to the person liable next thereafter, but not to the editor of non-periodical printed matter other than in a case under Article 6, paragraph one, or to a disseminator.

The same shall apply if a circumstance pertained in respect of the person liable under Article 1, 2, 5, 6 or 7 which according to law excluded him from punishment, and if the person liable next thereafter was cognizant of, or should have been cognizant of, the circumstance.

Art. 11. A circumstance which would result in the liability under this Chapter of a person other than the defendant shall be taken into consideration only if the circumstance is adduced prior to the main hearing.

Art. 12. In determining a question of liability for printed matter under this Chapter, the content of the matter shall be deemed to have been inserted with the knowledge and consent of the person concerned.

Chapter 9. On supervision and prosecution

Art. 1. The Chancellor of Justice shall take heed that the limits set in this Act for the freedom of the press are not transgressed.

Art. 2. The Chancellor of Justice is sole prosecutor in cases concerning offences against the freedom of the press. No one other than the Chancellor of Justice may institute pre-judicial inquiries concerning offences against the freedom of the press. Only the Chancellor of Justice and the competent court may approve coercive measures on suspicion that such an offence has been committed, unless otherwise provided in this Act.

The Government shall have the right to report printed matter to the Chancellor of Justice for prosecution on account of an offence against the freedom of the press. It may be laid down in an act of law that public criminal proceedings for offences against the freedom of the press shall be instituted only with the Government's consent.

The Chancellor of Justice shall likewise be sole prosecutor in freedom of the press cases which are not cases concerning offences against the freedom of the press, and in cases otherwise relating to violations of regulations contained in this Act; provisions of law shall however regulate the right of a Parliamentary Ombudsman to act as prosecutor in cases of this nature.

Art. 3. Public criminal proceedings on account of an offence against the freedom of the press shall be instituted, in the case of a periodical for which a valid certificate of no legal impediment to publication existed at the time of publication, within six months, and in the case of other printed matter, within one year from the date of publication, with effect that the matter shall otherwise be exempt from such proceedings. This provision notwithstanding, if such proceedings have been instituted within the time specified, fresh proceedings may nevertheless be instituted against another person who is liable in respect of the offence.

Provisions of law governing the period within which an offence must be prosecuted if penal sanctions are not to lapse shall apply also with respect to offences against the freedom of the press.

Art. 4. Provisions of law govern the right of a private plaintiff to report an offence against the freedom of the press or institute private proceedings on account of such an offence.

Art. 5. If no one is liable under Chapter 8 for the offence, or if no summons can be served within the Realm on the person liable, the prosecutor or the plaintiff may apply to have the publication confiscated instead of instituting criminal proceedings.

Chapter 10. On special coercive measures

Art. 1. If there are grounds for the possible confiscation of printed matter on account of an offence against the freedom of the press, the printed matter may be impounded pending a decision.

In a case under Chapter 7, Article 8, an order may also be issued prohibiting publication of a periodical pending a decision by the court.

Art. 2. If the offence is subject to public criminal proceedings, the Chancellor of Justice may order the printed matter to be impounded and publication prohibited under Article 1 before proceedings have been instituted in a freedom of the press case concerning an offence against the freedom of the press, or application made to the court for confiscation of the printed matter. It may be laid down in an act of law that a public prosecutor may be similarly empowered to order material to be impounded within his jurisdiction.

Art. 3. When a public prosecutor has ordered material to be impounded, the Chancellor of Justice shall be notified without delay. The Chancellor of Justice shall determine forthwith whether the order shall be upheld.

Art. 4. When the Chancellor of Justice has ordered material to be impounded or has confirmed an order issued by a public prosecutor, criminal proceedings shall be instituted, or application made for confiscation of the printed matter, within two weeks from the date on which the Chancellor of Justice pronounced his decision. Failing such action, the impoundment order and any accompanying order prohibiting publication shall lapse.

Art. 5. Once criminal proceedings have been instituted for an offence against the freedom of the press or application made to the court for printed matter to be confiscated, the court shall have the right to order the matter to be impounded and publication prohibited, or rescind an impoundment order or an order prohibiting publication which has already been issued.

In reaching its decision in such a case, the court must determine whether an order which has already been issued shall continue in force. If the case is dismissed because the court is not competent, or if the court otherwise dismisses the case without determining whether the printed matter is of a criminal nature, and if there is reason to suppose that there will be an application for confiscation in another case, the court may confirm the order for a particular period which the court shall determine. If no proceedings are instituted within this period, the order shall lapse.

Art. 6. An impoundment order shall contain a statement indicating the passage or passages in the publication which occasioned the order and shall apply only to the volume, part, issue or instalment in which these passages occur.

Art. 7. An impoundment order shall be executed by the police authority forthwith.

Provisions of law concerning the prohibition of the dissemination of printed matter which is subject to an impoundment order are set out in Chapter 6, Article 3.

Art. 8. Impoundment of printed matter shall relate only to copies intended for dissemination.

Proof that printed matter has been impounded shall be furnished free of charge both to the person against whom impoundment was effected and to the person who printed the material. Such proof shall indicate the passage or passages in the printed matter which occasioned the order.

Art. 9. When an impoundment order has been rescinded or has lapsed, the impoundment shall be reversed forthwith.

Art. 10. Repealed.

Art. 11. If the country is at war or exposed to the danger of war and printed matter is discovered at a unit of the armed forces which manifestly constitutes such sedition under Chapter 7, Article 4, as may induce members of the armed forces to neglect their duties, the printed matter may be taken into safe keeping pending issue of an impoundment order, on a decision by the officer competent in law to decide matters of disciplinary responsibility in respect of the unit concerned.

If there is danger in delay, action as aforesaid may be taken also by another officer under provisions laid down in law, in default of a decision under paragraph one. Such action shall however be reported without delay to the officer referred to in paragraph one, who shall consider forthwith whether the printed matter shall remain in safe keeping.

Art. 12. When a decision has been made to take printed matter into safe keeping under the provisions of Article 11, the Chancellor of Justice shall be notified as soon as possible. The Chancellor of Justice shall then consider forthwith whether the printed matter shall be impounded.

Art. 13. General provisions of law which apply to the impoundment of objects which may be declared forfeit shall apply to the impoundment of a periodical disseminated in violation of an order prohibiting publication or manifestly constituting a continuation of a periodical specified in such a ban.

Art. 14. A copy of printed matter which can reasonably be presumed to have significance in connection with the investigation of a freedom of the press case may be impounded. The provisions of Articles 2 and 3; 5, paragraph one; 6; 7, paragraph one; and 9 shall apply. General provisions of law relating to impoundment shall apply in relevant parts. Criminal proceedings shall however always be instituted within one month from the date on which the impoundment order was issued, if the court does not allow an extension on representations from the Chancellor of Justice.

Chapter 11. On private claims for damages

Art. 1. A private claim for damages based on an abuse of the freedom of the press may be pursued only on grounds 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 pursued only against the person liable under penal law for the offence under Chapter 8. If, by reason of circumstances under Chapter 8, Article 10, liability has been transferred to such a person, the claim may also be pursued against the person liable immediately before him, provided that, and to the extent that, a valid claim otherwise exists in law.

The provisions of Chapter 8, Article 12, concerning liability under penal law apply also with regard to private claims for damages.

Relevant provisions of law shall apply with regard to private claims for damages in respect of offences under Chapter 7, Article 2 or 3.

Art. 2. A private claim for damages which may be pursued against the responsible editor of a periodical or his deputy may be pursued also against the owner. In the case of other printed matter, a claim which may be pursued against the author or editor may be pursued also against the publisher.

Art. 3. If a person is liable for damages on account of an offence against the freedom of the press as legal representative of a legal person, or as a guardian, trustee or administrator, a claim for damages may also be pursued against the legal person, or the person for whom the guardian, trustee or administrator was appointed, provided that, and to the extent that, a valid claim otherwise exists in law.

Art. 4. If a person is liable together with another person for damages under this Chapter, such persons shall be liable jointly and severally. The apportionment of liability between the parties shall be determined in accordance with relevant provisions of law.

Art. 5. A private claim for damages may be pursued on account of an offence against the freedom of the press even if liability under penal law has lapsed or an action under penal law is otherwise excluded.

Chapter 12. On court proceedings in freedom of the press cases

Art. 1. Freedom of the press cases shall be heard by the district court within whose jurisdiction the county administration has its seat. Should any reason prompt the designation of another district court within the county administrative district to hear freedom of the press cases, the Government may adopt a statutory instrument to this effect.

Freedom of the press cases concerning liability under penal law are cases concerning liability under penal law or liability for private damages on account of offences against the freedom of the press, and application cases under Chapter 9, Article 5. Freedom of the press cases shall also include cases concerning liability under penal law and liability for private damages in relation to offences under Chapter 7, Article 3. If the case concerns an offence under paragraph two of the last-named Article however, and if the person who procured the information or intelligence has not published it in printed matter or communicated it to some other person for the purpose of such publication, the case shall be tried as a freedom of the press case only provided it is manifest that the information was procured for the purpose of publication in printed matter.

Art. 2. In freedom of the press cases, the question of whether an offence has been committed shall be tried by a jury of nine members, unless both parties have declared themselves willing to refer the case for decision by the court, without trial by jury. The question of whether the defendant is liable for the printed matter under Chapter 8 shall however always be examined by the court sitting alone. When the question of whether an offence has been committed is tried by a jury, the answer shall be deemed to be in the affirmative if at least six members of the jury concur in that opinion.

If the jury finds that no offence has been committed, the defendant shall be acquitted. If the jury has found that an offence has been committed, the question shall be examined also by the court. If the opinion of the court differs from that of the jury, the court shall have the right to acquit the defendant or apply a penal provision carrying a milder sanction than that applied by the jury. A superior court to which the judgment of a district court has been referred on appeal shall be no more entitled than the district court to overturn the jury's verdict.

Art. 3. Jurors shall be appointed for each county administrative district, and shall be divided into two groups, with 16 jurors in the first group and 8 in the second. In the case of the Stockholm county administrative district, the first group shall however consist of 24 jurors and the second of 12. The jurors in the second group shall hold currently, or shall have held previously, appointments as lay assessors of a court of general jurisdiction or a public administrative court.

Art. 4. Jurors are appointed for a period of four calendar years.

Jurors shall be elected by the county council of the county administrative district or, where the county administrative district includes a municipality which does not come under the county council, jointly by the county council and the municipal council. Jurors in the Gotland county administrative district are elected by the Gotland municipal council. If jurors shall be elected by more than one electoral body under the foregoing, the county administrative board shall apportion the number of jurors in each group among the electoral bodies in proportion to population.

When a juror is to be elected it shall be incumbent upon the district court to notify the authority responsible for arranging the election to this effect.

Art. 5. Jurors shall be appointed from among Swedish citizens domiciled in the county administrative district for which they are to be appointed. They should be known for their soundness of judgment, independence and fair-mindedness. Different social groups and currents of opinion, and different parts of the county administrative district, should be represented among jurors. No person who is a minor or for whom an administrator has been appointed under special provisions of law may be a juror.

Art. 6. A juror who has attained the age of sixty shall have the right to resign his appointment. If in any other circumstances a juror wishes to retire, the district court shall consider whether valid cause exists to prevent him from performing his duties. If a juror ceases to be eligible for election, his appointment shall lapse.

Art. 7. If a juror retires or ceases to be eligible for election, the electoral body shall appoint another person within 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 in place of the county council: such an election shall however be valid only until the next meeting of the county council.

Art. 8. Appeals concerning the election of a juror shall be lodged with the district court. The court shall examine the qualifications of those elected even if no appeal is lodged.

Provisions of law relating to the prosecution of appeals against decisions of an inferior court apply to the prosecution of appeals against decisions of a district court on a matter under paragraph one. There is no right of appeal against the decision of the appeal court.

If an appeal is lodged, the election shall nevertheless remain valid unless the court rules otherwise.

Art. 9. The names of persons appointed to serve as jurors shall be entered in a list of jurors. Each group shall be entered separately in this list.

Art. 10. In a case which is to be tried by a jury, the court shall present the list of jurors and consider whether there are grounds for disqualifying any person on the list. Provisions of law relating to the disqualification of judges shall apply to the disqualification of jurors.

The jury is empanelled thereafter from among the undisqualified jurors in such a way that each party is permitted to exclude three jurors in the first group and one in the second, and the court then selects by lot a sufficient number of deputies from among the remaining jurors to leave six in the first group and three in the second.

In the case of a jury in the Stockholm county administrative district, each party shall be permitted to exclude five jurors in the first group and two in the second.

Art. 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 that party shall be deemed to be an exclusion made also by the other parties. If co-parties wish to exclude different jurors, and are unable to reach agreement, the court shall make the exclusion by lot.

Art. 12. No person may avoid jury service without legal cause.

If the number of members required in a group cannot be made up because of disqualification or legal excuse, the court shall nominate three qualified group-members for each juror required. Each party shall be permitted to exclude one of the persons so nominated. No person shall be nominated for jury service who has already been excluded in the same proceedings.

Art. 13. If several cases in which a jury is to act are being heard concurrently, the court may rule, after conferring with the parties, that the same jury shall act in all the cases. If a jury is to be empanelled jointly for two or more cases, the provisions of Article 11 concerning the exclusion of jurors in a case in which there is more than one party on one side shall apply in like manner.

Art. 14. If, in legal proceedings on liability under penal law, an action for private damages is brought against a person other than the defendant, the measures which fall under Article 2, paragraph one, Article 10, paragraph two, and Article 12, paragraph two, to be taken by a respondent shall devolve upon the defendant.

If an action is brought which is not connected with a criminal prosecution but concerns confiscation of printed matter or a private claim for damages, the provisions of Articles 2 and 10 to 13 shall apply concerning court proceedings in the case; if, however, the question of whether an offence has been committed has already been examined in a freedom of the press case concerning liability under penal law, the same question shall not be examined again. In an application case, the exclusion of jurors, which otherwise falls to the parties in the case, shall be effected by the court by lot.

Art. 15. More precise provisions regarding court proceedings in freedom of the press cases are set out in an act of law.

Where there are several district courts in one county administrative district which are competent to hear freedom of the press cases, the duties specified in Articles 4, 6, 8 and 9 shall be carried out by the district court designated by the Government.

Art. 16. For cases in which the country is at war or exposed to the danger of war, or such exceptional conditions prevail as result from the war or danger of war to which the country has been exposed, provisions may be laid down in an act of law or statutory instrument adopted by the Government, with authority in such law, concerning the postponement of elections of jurors or exceptions to the right of a juror to resign his appointment.

Chapter 13. On matter printed abroad etc.

Art. 1. The provisions of Chapters 1; 3; 6; 7; Chapter 8, Articles 1, 2, 5 to 7, and 10 to 12; and Chapters 9 to 12, shall apply in relevant parts to matter printed abroad and published in the Realm, unless otherwise provided below.

Art. 2. Matter printed abroad shall be deemed to have been published in the Realm if it has been delivered for dissemination in the Realm as described in Chapter 1, Article 6.

Art. 3. If a periodical which is printed abroad is intended primarily for dissemination in the Realm, the provisions of Chapter 5 shall apply in relevant parts; the provisions relating to the qualifications of owners shall not apply.

Publication in the Realm of any other periodical printed abroad does not require a certificate of no legal impediment to publication. Should such a certificate exist, the provisions of paragraph one shall apply in respect of the periodical.

Art. 4. The provisions of this Act concerning the liability under penal law of a person who has produced printed matter shall refer in respect of matter printed abroad to the person who caused the matter to be delivered for dissemination in the Realm, or, if it is impossible to establish his identity, or if at the time of publication he was not domiciled in the Realm, to the person who shall be deemed to be the disseminator under Chapter 6.

Art. 5. Provisions are set out in an act of law concerning the obligation to retain for scrutiny copies of matter printed abroad and furnish copies of such matter to libraries or archives.

Art. 6. In the case of matter which is printed abroad and published in the Realm, but not intended primarily for dissemination in the Realm, and for which no certificate of no legal impediment to publication exists, the provisions of Chapter 1, Article 1, paragraphs three and four, concerning the communication and procurement of information and intelligence for publication shall apply, unless

1.communication or procurement constitutes an offence against the security of the Realm;

2.communication includes consignment or release of documents under Chapter 7, Article 3, paragraph one, point 2;

3.communication constitutes deliberate disregard of an obligation to observe silence.

Paragraph one shall apply also in respect of matter not published in Sweden, regardless of whether it is printed here or abroad. In this connection a person who contributes to material in a periodical by other means, as author or other originator, shall be equated with a person communicating information for publication.

If communication or procurement is punishable under law pursuant to paragraphs one and two, relevant provisions of law shall apply. Cases concerning liability under penal law or liability for private damages on account of an offence now referred to shall be heard as freedom of the press cases, unless Chapter 12, Article 1, paragraph two, sentence three, applies in like manner. The provisions of Chapter 3 shall apply in respect of the
source's right to anonymity: the rule laid down in Article 3, point 3, shall however extend also to offences against the security of the Realm other than those referred to therein.

Chapter 14. General provisions

Art. 1. Provisions of law relating to the retrial of closed cases in general shall apply also to freedom of the press cases, even if the question of whether an offence has been committed has been tried by a jury.

If a case in which a jury has tried the question of whether an offence had 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 determined at the same time to resubmit the case to a jury of the court which first pronounced judgment. If a retrial is granted in favour of the defendant and the matter is manifest, the court granting the retrial may instead revise the judgment forthwith.

Art. 2. When, as a result of a ruling by a higher instance, a freedom of the press case in which a jury participated shall be reopened before a jury of the court which first pronounced judgment, the provisions of Chapter 12, Articles 10 to 14, shall apply with respect to the empanelling of the jury.

Art. 3. Freedom of the press cases and other cases concerning offences against the provisions of this Act shall always be dealt with promptly.

Art. 4. Repealed.

Art. 5. General provisions of law or statute shall apply in all matters not dealt with in provisions of this Act or special legislation enacted by virtue of this Act.

Except as otherwise provided in this Act or elsewhere in law, foreign nationals shall be equated with Swedish citizens.

Transitional provisions relating to Act no 1976:955

1. This Act comes into force on 1 January 1978.

2. The new provisions do not apply to written matter duplicated by stencil, photocopying or other similar technical process and published before the Act comes into force.

3. Older provisions shall continue to apply in respect of cases in which court proceedings were pending prior to the date on which the Act comes into force.

Transitional provision relating to Act no 1982:938

This Act comes into force on 1 January 1983. The provisions of Chapter 2, Article 5, in its new wording shall apply also with respect to any earlier General Synod of the Church.

Transitional provision relating to Act no 1994:1475

This Act comes into force on 1 January 1995. If the Chancellor of Justice has issued an impoundment order under Chapter 10, Article 14, before the Act comes into force, older provisions shall apply to the impoundment. In cases in which a jury has already been empanelled before the Act comes into force, older provisions shall apply also to further proceedings in the case.

Transitional provisions relating to Act no 1998:1438

1. This Act comes into force on 1 January 1999.

2. Older provisions shall apply to technical recordings disseminated before the Act comes into force.

3. The newer provisions contained in Chapter 1, Article 7, and Chapter 5, Articles 5 and 7 shall apply also to certificates of no legal impediment to publication issued before the Act comes into force. Contrary to the provisions of Chapter 5, Article 5, paragraph four, sentence one, such certificates shall be valid for a period of ten years from the date on which the Act comes into force.

4. In cases affecting the portrayal of children in pornographic pictures, older provisions shall apply if proceedings have been instituted before the Act comes into force.

Source: Sveriges Riksdag