SwedenLag (2023:319) med kompletterande bestämmelser till EU:s förordning om åtgärder mot spridning av terrorisminnehåll online (Act Supplementing the Terrorist Content Online Regulation)
In force since .
A specific illegal content rule binding public and private bodies.
- Obligation class
- Governance, Reporting
As of .
What it requires
- As a hosting service provider, meet the obligations of Articles 5(1) to (3), 5(5), 7, 10, 15(1) and 17 of Regulation (EU) 2021/784, the articles for which section 4 lets the competent authority order the measures needed to meet the obligation, and of Articles 3(3), 3(6), 4(2), 4(7), 6, 11 and 14(5), the articles for which section 6 provides a sanction fee, each as originally worded.
- Take the measures a competent authority orders under section 4 to meet an obligation under the Regulation.
If you get it wrong
Penalty structure
Section 7 sets the sanction fee at no less than SEK 5,000 and no more than SEK 5,000,000. For systematic or persistent failure to meet the obligation in Article 3(3) of the Regulation, section 7 sets the fee at the higher amount that follows from Article 18(3) of the Regulation, a figure the Swedish text does not restate.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- SEK
- Fixed cap
- 5,000,000
Who enforces it
Enforcement body
The Police Authority (Polismyndigheten), which its instruction lists as the competent authority under Article 12 of Regulation (EU) 2021/784.
What this law does
Section 3 makes the authority the government designates the competent authority under the Terrorist Content Online Regulation. The Police Authority (Polismyndigheten) is listed in its instruction as the competent authority under Article 12 of that Regulation.
Section 4 lets the competent authority order a hosting service provider that breaches Article 5(1) to (3), 5(5), 7, 10, 15(1) or 17 of the Regulation as originally worded to take the measures needed to meet the obligation, and the order may carry a periodic penalty (vite). Section 6 lets the competent authority charge a sanction fee to a hosting service provider that breaches Article 3(3), 3(6), 4(2), 4(7), 6, 11 or 14(5) of the Regulation as originally worded.
Section 7 sets the sanction fee at a minimum of SEK 5,000 and a maximum of SEK 5,000,000 or, for systematic or persistent failure to meet the obligation in Article 3(3), the higher amount that follows from Article 18(3) of the Regulation. Section 9 allows a sanction fee only if the person concerned has been given the opportunity to comment within two years of the infringement.
Section 13 allows an appeal of the competent authority's decisions to the general administrative court, and leave to appeal is required for the administrative court of appeal. The Act took effect on . A sanction fee may be decided only for breaches that took place after the Act took effect.
When LexLint raises it
When your app profile says your app operates a social platform.