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IRIS 2016-9:1/27 [SE] The Swedish Press and Broadcasting Authority’s newest report on accessibility requirements for broadcasters in Sweden

According to Section 5(12) of the Swedish Radio and Television Act (Radio- och TV-lagen - RTL), which implements Directive 2010/13/EU on Audiovisual Media Services (AVMS Directive) (see IRIS 2010-5/36), the media service providers of television broadcasting, on-demand television, and searchable text TV shall design their service in such a way that it becomes available to persons with disabilities through subtitling, interpretation, spoken text or a similar technique. On 26 April 2016, the Swedish Press and Broadcasting Authority completed a report in which they present a decision model for the...

IRIS 2016-8:1/1 European Court of Human Rights: Diamant Salihu and others v. Sweden

A recent decision of the European Court of Human Rights (ECtHR) found that journalists who commit (minor) offences during newsgathering activities cannot invoke robust protection based on their rights to freedom of expression and information, as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). Journalists of the Swedish newspaper Expressen had undertaken to demonstrate the easy availability of illegal firearms by purchasing one. The Swedish courts were of the opinion that the editor and the journalists could not be exempted from criminal liability as they had wilfully...

IRIS 2016-7:1/28 [SE] Depicting art work online not covered by an exception but subject to artists’ exclusive rights

The Swedish Supreme Court has ruled on the scope of an exception in the Swedish Copyright Act. According to the exception, a work of art that is permanently placed in a public location, can be depicted without the permission of the creator. The exception is motivated by the public interest in freely depicting art in public space without being limited by copyright to art works that are placed in such public spaces. Wikimedia, a non-profit association, had launched a database of pictures of public art works in Sweden where information on the art work was displayed with a photograph, along with information...

IRIS 2016-7:1/27 [SE] Supreme Court rules linking was a breach of broadcaster’s signal right but not copyright

The Swedish Supreme Court has decided that a hockey game does not reach the originality threshold to receive copyright protection. The hockey game in question was made available to the public on C More through linear broadcast on its television channel, as well as its pay-per-view service online. To view the game the viewers had to register, accept the user terms and pay for the game. The hockey game on C More’s website was linked to by a private individual. The Court of Appeal for Southern Norrland had previously established that the linking was a making available and that the linking breached...

IRIS 2016-4:1/1 European Court of Human Rights: Arlewin v. Sweden

On 1 March 2016 the European Court of Human Rights (ECtHR) found Sweden in breach of the European Convention on Human Rights (ECHR) because it had denied access to court to a person who wanted to bring defamation proceedings in Sweden arising out of the content of a trans-border television programme service (TV3), suggesting that they resort to the jurisdiction of the United Kingdom. The European Court is of the opinion that requiring a Swedish national to bring defamation proceedings in the UK courts following an alleged defamatory TV programme broadcasted by the London-based company Viasat Broadcasting...