While abroad, a Swedish man published an interview with another Swedish man on his YouTube channel. The two men were prosecuted for gross defamation regarding statements made in the interview about a third Swedish man and the criminal allegations against him that had been presented in a documentary series which had been broadcast on Sveriges Television.
The Supreme Court makes the assessment that when information forming the basis of defamation is published on the Internet from abroad, Swedish jurisdiction is present in accordance with Chapter 2, section 1 of the Swedish Criminal Code if the effect of the defamation offence may be deemed to have occurred in Sweden. In order for the effect of the offence to be regarded as having occurred in Sweden it is required, in addition to the fact that the information forming the basis of defamation has come to the knowledge of a third party, that there is a relevant connection to Sweden.
The determination of whether there is such a connection should be based on objective, observable circumstances such as, for example, that the information pertains to Swedish citizens or others who reside here. Another circumstance which may be taken into account is whether the information is intended primarily for Swedish recipients. This may be the case where the information has been put on a Swedish website or other digital platform directed primarily to a Swedish audience. The assessment of the connection to Sweden must be made taking into account all circumstances in the individual case.
The Supreme Court notes that the interview had reached recipients in Sweden and that there was otherwise such a connection to Sweden that Swedish courts have jurisdiction to adjudicate the offence.
The Supreme Court, like the court of appeal, sentences both men for gross defamation to a conditional sentence.
Case: B 5546-24
Case name
"Internet defamation"
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2025-12-30