Constitution

Sweden 1974 Constitution (reviewed 2012)

Table of Contents

Chapter 8. On damages

Article 1

Damages on grounds of the content of a radio programme or technical recording may only be awarded in cases in which the item contains an offence against the freedom of expression.

Provisions of law apply in respect of damages on account of offences under Chapter 5, Articles 2 and 3.

Article 2

The person who is liable under penal law according to Chapter 6 is liable also for damages. Damages may also be claimed from the person who operates the programme service or caused the technical recording to be made.

In cases under Chapter 1, Article 8, the perpetrator is liable for damages on account of offences committed by him or her during the transmission. Damages may also be claimed from the person who operates the programme service.

Article 3

If the person liable under penal law has no known domicile in Sweden at the time of the offence and cannot be reached here during the court proceedings, with the result that liability passes under Chapter 6, Article 2, paragraph three, to some other person, damages may still be claimed also from the first-named, insofar as this is permitted in law.

Article 4

The provisions of Chapter 6, Article 4 of this Fundamental Law shall apply also in respect of damages on account of freedom of expression offences committed in a radio programme or technical recording. The provisions of Chapter 11, Articles 3 to 5 of the Freedom of the Press Act on private claims for damages in certain cases shall apply also in respect of such damages.