The defamation law was discussed at SD’s party convention last autumn, and when the government’s proposal for tougher defamation punishments was recently highlighted, the debate was reignited. The government now appears to want to increase the penalty for aggravated defamation. When Samnytt recently reported on the draft legislative proposal, it seemed as though SD had approved it. But now Henrik Vinge tells Samnytt that any changes to penalty scales should only come after the law has been reformed.

The legislation on defamation dates from 1962, and the criteria for when a defamation offense occurs (what is required for something to be defamation) have remained essentially unchanged since 1965.

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The law was intended to protect individuals’ reputations but has in practice developed into a legally uncertain and unpredictable system. The assessment of what constitutes defamation, aggravated defamation, or a justified statement is often made without clear or consistent criteria, giving the courts considerable interpretive leeway.

The distinction between private individuals and public figures is particularly problematic, with people of significant social influence sometimes treated as if they lack any public role. At the same time, identical statements can be judged differently depending on who says them, the context, and how widely they are spread.

The criticism of the legislation is that it has not kept pace with developments and risks stifling journalism, public debate, and scrutiny of those in power. This does not happen through clear prohibitions, but through legal uncertainty and the threat of criminal liability. Instead of safeguarding both freedom of expression and personal integrity, many argue that the defamation rules have become a blunt tool of power where predictability and proportionality are often lacking.

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Samnytt has highlighted the proposed legal change by shedding light on the issue and interviewing SD’s Member of Parliament Pontus Andersson Garpvall in the Justice Committee. In addition, Samnytt has also recently criticized the proposal in an editorial.

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Samnytt can now report that SD’s spokesperson for criminal policy, Henrik Vinge, announces that the party opposes increasing punishments for aggravated defamation.

– I do not believe we should raise the penalty scales before we have decided how to change the provisions so that truthful statements that are justified are not punished. For example, it should be permissible to warn about dangerous criminals such as pedophiles, and we should have a public registry of pedophiles, Vinge tells Samnytt.

“You shouldn’t go to jail for issuing a warning”

The top SD representative believes that it is not even certain that any stricter punishments should be introduced at all when it comes to the defamation law.

– It is reasonable to decide on new penalty scales when we have developed new and better defamation legislation, therefore we should wait with any such tightening. You should not go to jail for warning about a pedophile.

The proposal to punish aggravated defamation with imprisonment is currently only a draft bill—a draft for a new law or an amendment to an existing law—which the government sends to the Council on Legislation, a legal review body, to ensure the proposal complies with the Constitution and the legal order. Afterward, a draft bill is developed, meaning the legislative proposal that the government will then submit to the Riksdag (parliament).

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