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From 1 January 2007 Personuppgiftslagen 1998:204 (the Personal Data Act) will be amended. The purpose of the amendments is to focus on and regulate misuse, instead of, as is currently the case, all use of personal data. To this end certain categories of personal data have been excluded from the rules which otherwise apply and instead processing of such categories will be subject to a misuse rule. This provision has been introduced in a new Article 5a. Furthermore, negligent offences have been decriminalised. In order to achieve a regulation that is more adapted to the every-day use of personal...

The Swedish Market Court has issued a decision in a case involving the television channel TV4 and the composers’ organisation SKAP (Svenska Kompositörer av Populärmusik). Since 1999 the TV-channel has published music that has been commissioned by the channel, such as the station’s theme music and programme jingles. In 2004, the composers’ organisation SKAP claimed that the contracts between TV4 and composers of commissioned music were unreasonable. SKAP claimed that the composers were forced to assign their publishing rights to the channel in order to gain the commission. TV4 claimed that it treats...

On 2 October 2006, the first man ever convicted of file-sharing in Sweden was acquitted by Svea Hovrätt (the Svea Court of Appeal) due to faulty technical evidence. According to the charge, the defendant had committed an offence pursuant to the provisions contained in upphovsrättslagen (the Copyright Act) when from his computer and by making use of a file-sharing programme he had made the Swedish film “Hip Hip Hora” available to the public on the internet. The defendant had disputed the claim. The court of first instance, Västmanlands tingsrätt (the District Court of Västmanland), had convicted...

In 1996, the two main evening newspapers in Sweden, Expressen and Aftonbladet , published a series of articles in which various criminal offences were ascribed to Anthony White, a British citizen residing in Mozambique. The articles also included an assertion that he had murdered Olof Palme, the Swedish Prime Minister, in 1986. Mr White was a well-known figure whose alleged illegal activities had already been at the centre of media attention. The newspapers also reported statements of individuals who rejected the allegations made against Mr White. In an interview published in Expressen , Mr White...

In 2002, TV4 AB broadcast two cinematographic works which were interrupted for commercials and trailers. The interruptions were for two and three breaks respectively, lasting approximately six minutes each. The two film directors sued TV4 claiming that their moral rights had been violated by the insertion of commercials during their works. TV4 claimed that the commercial breaks were in accordance with European broadcasting practice and that the company had, by the acquisition of the right to broadcast the films, also acquired the right to schedule breaks including commercials. The District Court...