Chapter 6. Liability rules
Article 1
Liability under penal law for freedom of expression offences committed in a radio programme or technical recording rests with the responsible editor. If a deputy is acting in place of the responsible editor, liability rests with the deputy.
In the case of direct broadcasts of radio programmes other than programmes under Chapter 1, Article 8, it may be laid down in law that a person taking part in a programme shall himself or herself be liable for his or her own utterances.
Article 2
Liability under penal law for freedom of expression offences which would otherwise rest with the responsible editor rests with the person responsible for appointing the responsible editor if:
- there was no qualified responsible editor at the time when the offence was committed;
the responsible editor was appointed for appearance’s sake or was manifestly incapable of exercising the powers set out in Chapter 4, Article 3; or information concerning the responsible editor has not been kept available to the general public in the prescribed manner.
If a deputy was acting in place of the responsible editor but was no longer qualified at the time when the offence was committed, or if his or her appointment had been terminated or some circumstance pertained concerning him or her of a nature set out in paragraph one, point 2 or 3, liability for freedom of expression offences rests with the responsible editor.
If a technical recording lacks the information prescribed in Chapter 3, Article 13, paragraph one, concerning who caused it to be made, and clarity cannot be reached concerning his or her identity, or he or she has no known domicile in Sweden and cannot be reached in Sweden during the court proceedings, liability for freedom of expression offences committed in the technical recording rests with the disseminator instead of with the person stipulated in paragraph one.
The provisions laid down in paragraph three concerning a case in which information is lacking apply also if the information provided implies that the person who caused the technical recording to be made is domiciled abroad, or if the information is incorrect and this fact is known to the disseminator.
Article 3
If legal proceedings are instituted on account of a freedom of expression offence and the defendant considers some circumstance pertains as a result of which he or she shall not be liable, he or she shall adduce this circumstance prior to the main hearing. If he or she fails to do so, he or she will be regarded as liable.
Article 4
The person liable under this Chapter for a freedom of expression offence in an item shall be regarded as having had knowledge of the content of the item. He or she shall also be regarded as having consented to its publication.
