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IRIS 2006-10:1/30 [SE] Accused File-Sharer Acquitted by Court of Appeal

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...

IRIS 2006-10:1/3 European Court of Human Rights: Case of White v. Sweden

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...

IRIS 2006-7:1/34 [SE] TV Commercial Breaks Ruled in Breach of Film Directors’ Moral Rights

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...

IRIS 2006-1:1/41 [SE] Legal Basis for Film Support

In Sweden, film support in the form of financial aid and other measures is managed by the Swedish Film Institute, which collects and distributes funds for the production, sale and public exhibition of Swedish films on the basis of the 2006 Film Agreement. The Swedish Film Institute supports the 19 resource centres and regional production centres, the latter with the aim of strengthening the production of feature films in the four Swedish regions ( Norrbotten , Skåne , Stockholm-Mälardalen and Västra Götaland ). The work of the resource centres includes film education, film screening, support of...

IRIS 2005-7:1/2 European Commission against Racism and Intolerance: Media Provisions in New Country Reports on Racism

The European Commission against Racism and Intolerance (ECRI) recently made public five new reports as part of the third cycle of its monitoring process of the laws, policies and practices to combat racism in the Member States of the Council of Europe. Four of the country reports (Albania, Croatia, Poland and the United Kingdom) contain specific recommendations concerning the media. Following a precedent in some of its previous country reports (see IRIS 2003-5: 3), ECRI pronounces itself in favour of the adoption in Albania of self-regulatory codes “to combat reporting that fuels racism, discrimination...