Sweden

[SE] Exposure of Footballer’s Book Was Considered an Unfair Promotion of Commercial Interests.

IRIS 2012-6:1/32

Erik Ullberg and Michael Plogell

Wistrand Advokatbyrå, Gothenburg

On 19 March 2012 Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - GRN) delivered a decision regarding the promotion of a commercial interest in an improper manner in a television program. The case concerned the application of sections 5:5, 17:5 and 19:4 of Radio- och TV-lagen (The Radio- and Televisions Act - RTL). The RTL is based inter alia on Directive 89/552/ECC, as amended by 97/36/EC.

Section 5:5 of the RTL states that programs that are not advertising may not encourage the purchase or rental of goods or services or provide other marketable foreign elements, or highlight a product or service in an improper manner. A promotion of a commercial interest is improper if it is not justified by sufficient information or entertainment interest. Sections 17:5 and 19:4 of the RTL stipulates that Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - GRN) can apply to Förvaltningsrätten (the Administrative Court) to establish that the broadcaster must pay a special fee for violation of the provision of favoritism by commercial interests.

The program in question was Sportnytt, broadcast by the Swedish nationwide television channel SVT 2 on 11 November 2011. In a feature of the program the author Björn Ranelid reviewed footballer Zlatan Ibrahimović´s autobiography “I am Zlatan”. During the review, which was about 4 minutes long, the book and a picture of Zlatan Ibrahimović were visible on a large screen in the background for about 2 minutes and 50 seconds.

Granskningsnämnden för radio och TV (the Swedish Broadcasting Commission - GRN) initiated proceedings against SVT 2 and ruled against the television channel, ordering that a special fine of SEK 50,000 (EUR 5,528) should be imposed on SVT 2 for promotion of a commercial interest in an improper manner. The GRN claimed that the exposure of the book was so highlighted that it comprised an undue commercial promotion.