Näthat - Vårt nutida ärekränkningsbrott

Sammanfattning: The subject of this essay is net hate, which can implicate felonies such as insult, defamation and harassment. Even though the Swedish rules specific to defamatory acts are recognized, they are far from comprehensive. Defamation, an offence that violates someone’s honor, is an old crime in the Swedish history of law. In the Criminal Law (SL) from 1864 the rule of defamation was intended to protect the reputation of individuals. The defamatory regulations, which today are found in the Swedish penal code (BrB), outlaws statements that are likely to expose someone to other people's contempt. As we can tell the purpose of the criminalization has always been to protect a person's integrity. Although the breakthrough of the Internet, and its ability to spread information worldwide, has caused bigger damages for the one who becomes a victim for online defamation. I have reached the conclusion that the legal framework, which exists today, does not satisfy the protection of the individual who has got her integrity slandered on the Internet. In November the Swedish Government proposed a change of the special prosecution rules in order to take greater responsibility over the prevention of defamatory acts. The increase of severe defamatory acts however, has not been a sufficient reason to limit the fundamental right to freedom of speech. Although Yttrandefrihetskommittén has presented three new provisions due to defamatory actions. In my opinion they are motivated in regard to legitimacy and to avoid a law that doesn’t protect people in practice. When the judgment of the court in “Instagrammålet” was brought to my attention I knew I wanted to review and analyze why the youth today daily are exposed to net hate. Neither are they assisted with the help of a prosecutor, nor a constitution to rely on.