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HD writes in its decision that “the interest in freedom of expression must be allowed to have a wide margin. The court notes that texts and music performed in cultural contexts must be allowed to be provocative, challenging and provocative.”
When provocation is presented as a threat of violence, it is true that a border has been crossed, the court says, but the deciding factor is whether the alleged threat appears serious.
“The Supreme Court considers that the circumstances of this case, in the context and in the way in which it is expressed, does not mean that the statements about the police in the rap song should be valued as a serious threat of violence,” the la court writes. “The artist, therefore, is acquitted of the crimes.”
Two members were divided and considered that the artist should be condemned.
It was after a drug attack at a Stockholm concert that Frej Larsson posted a post on Instagram where she wrote that a policewoman would be “filleted.” At the same time, he released the song “Then she should be shot.”
The Stockholm District Court acquitted the artist because it considered that it was not possible to link Larsson to the publication, nor to demonstrate that they were seriously referring to the threat of violence in the song. The prosecutor appealed and the Svea Court of Appeal announced in October 2019 that there is no doubt that the song was intended to be a threat to the police in question. The objective then went to HD.
Frej Larsson is known for the groups Far & Son and Maskinen.
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