Sweden - May 2024

On 22 May, Parliament passed amendments to the Criminal Code as well as to the Freedom of the Press Ordinance, part of Sweden’s Constitution, clarifying provisions on incitement against ethnic groups. The amendments explicitly criminalise the denial of genocide, crimes against humanity or war crimes. The Criminal Code previously criminalised incitement, threats or disrespect against a group of people based on race, ethnicity, religion, sexual orientation or transgender identity, and included a maximum penalty of two years in prison (maximum of four years for serious crimes in cases of particularly threatening or offensive content or distribution to a large number of people). The amendments clarify that these provisions apply to incitement to violence to reduce ambiguity in the application of the law. The provisions further extend protections to individuals belonging to protected groups, and provide the right to damages and status as injured parties. The amendments to the Criminal Code will enter into force on 1 July 2024. The constitutional amendments can only apply from 1 January 2027 after the next parliamentary elections, according to the Constitution.

Sources: SVD, Riksdagen (1), Riksdagen (2), Riksdagen (3), Riksdagen (4), Civil Rights Defenders