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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...

IRIS 2016-3:1/28 [SE] New guidelines on marketing and social media

The relationship between the Swedish Marketing Practices Act (MPA) and posts in blogs and social media has been a subject of discussion in Sweden during the last year. In order to provide further guidance to bloggers and companies promoting their products on blogs and social media the Swedish Consumer Agency has recently published guidelines for marketing through blogs and social media (the Guidelines). The Guidelines confirm that there is no general prohibition against recommendations or posts about companies, products or services on blogs or in social media. If there is no link between a company...

IRIS 2015-9:1/24 [SE] Public service broadcasting reports published

The Swedish Broadcasting Authority (Myndigheten för radio och tv) has published two reports on public service radio and television. The Broadcasting Authority was assigned by the Government to study and report on two issues: (i) whether the public service companies influence the competition in the media market; and (ii) the system of impact assessment as defined by the EU Commission in its Communication on the application of State aid rules to public service broadcasting (2009/C 257/01), which provides for a notification and assessment procedure for new services introduced in the market by public...

IRIS 2015-8:1/32 [SE] Broadcaster ordered to stop broadcasting violence

On 7 August 2015, the Swedish Chancellor of Justice (Justitiekanslern - the “CJ”) ordered the TV company C More Entertainment AB (C More) not to broadcast TV programs portraying certain kinds of violence, or any content containing detailed description of violence of a realistic nature, between 06.00 and 21.00. The order applies for one year from the decision and is subject to a conditional fine of SEK 200.000. In 2014, C More had broadcasted two episodes of the TV series The Leftovers at 17.00 on Swedish television. One episode had included scenes in which several people kidnapped and killed a...

IRIS 2015-5:1/2 Court of Justice of the European Union: Member States may provide for more protective provisions with regard to live streaming

In 2007, Swedish TV channel Canal+ (now C More) broadcast ice hockey games on pay per view, inter alia through live streaming on the Internet. The broadcasts were produced by the company C More Entertainment AB (C More) and the rights to the transmissions were owned by the same company. In October and November 2007, a person published links to the broadcasts of the games on his website, an unofficial fan site of his favourite Swedish ice hockey team. By following hyperlinks visitors were granted direct and free access to the games via their computers. C More filed charges and the perpetrator was...