Online publication

As with radio, TV and newspapers, freedom of expression can be protected when publishing on the internet. Websites, online radio, online TV and e-mail newsletters can be covered by the protection afforded in the Fundamental Law.

What is constitutional protection?

Constitutional protection means among other things that:

• special rules of liability applies to freedom of speech violations

• only the editor is liable for the published material

• informers have the right to remain anonymous – authorities may not research their names, and those working with the publication are not allowed to reveal their identities.

• no authority may preview material or hinder publication (prohibition of censorship)

the general data protection regulation (GDPR) shall not apply if its enforcement is in breach of the Swedish Fundamental Law on Freedom of Expression.

 

Who can obtain constitutional protection?

Automatic constitutional protection

  • Under certain circumstances, mass media companies may have automatic constitutional protection for their databases or websites. 
  • Mass distribution of e-mails, for example newsletters, may have automatic constitutional protection.

Publishing certificates

Companies, organisations and private individuals, whose websites or databases are not covered by an automatic constitutional protection, may apply for a certificate of no legal impediment to publication (publishing certificate), which entails the equivalent level of protection. However, to apply for a publishing certificate is voluntary.

Last updated 9/16/2019