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Published: 2020-11-06 10:45
Photo: Jessica Gow / TT
A well-known Swedish comedian is sentenced to a daily fine for defamation by a convicted convict on Twitter.
He is also forced to pay compensation of SEK 10,000 to the defamed security guard.
After a security guard was found guilty of assault, the well-known comedian posted a post on Twitter in which he indicated, among other things, the name of the district court and the case number. In the post, the comedian also wrote the security guard’s full name, social security number, and the following words:
“Do not think you can avoid them, we see them, we see them all, the police are also concerned, although the system makes it more difficult to find their social security numbers.”
In connection with the publication, the comedian has also uploaded a Dagens movie.
News website of the accused robbery where the face of the security guard was “blurred” and it was not possible to identify him.
“Without a doubt, he pointed him out as criminal and reprehensible.”
The district court finds that the comedian “certainly pointed out to NN as
criminals and reprehensible in their way of life ”in the Twitter post, and that the information“ clearly should be considered adequate to expose NN to the contempt of others ”. Therefore, you have provided defamatory information about the security guard.
The comedian has emphasized in court that the soundness of the designation must be evaluated “in light of their perception of the problem that people who
security guards and policemen abused his power and what he wanted with his tweet
warning others in these professions to abuse it ”. According to him, this purpose is also supported by other comments he made in posts in connection with the post. In addition, he has stated that the information was already public because the verdict against the security guard is public and there is public interest.
However, the district court considers that it was possible that the comedian shed light on the problem “in a way that the security guard did not point out. According to the court, his intention to warn other members of the public force to act as the current security guard has done “has focused on making them understand that in that case they can be designated by him in the way that has happened here.” . The security guard also has
he served his sentence and according to his own information he lost his job as a security guard and was revoked by the county administrative board to work as a security guard and security guard.
Sentenced to a daily fine
In light of this, that the security guard was not a public person, the comedian’s purpose in providing the information, and that the information was made available to a large number of people, the district court finds that it cannot be considered justifiable. provide the relevant information, that is, point out the security guard as abusers.
Therefore, the comedian should be convicted of defamation.
Regarding the classification question, the district court finds that the security guard was not a public person and that there are no photographs of him in the tweet. Therefore, he “for a general public could not be directly linked to the data.” Furthermore, according to the district court, it cannot be ignored that the information referred to a public trial per se and was true. In light of this, the district court determines that the crime should not be considered serious.
Therefore, the comedian is sentenced for defamation of the normal degree to a fine of 80 days of 250 SEK and is obliged to pay damages to the security guard of 10,000 SEK.
