Two persons were charged at the Stockholm District Court for agitation against a national or ethnic group during four demonstrations in the summer of 2023 - two outside the Stockholm Mosque, one in Rinkeby Centrum and one near the Kulturhuset. Both defendants were heard at the main hearing. After the hearing, one of them has deceased. Subsequently, the prosecutor has dropped the charges against him and the case has been dismissed. The judgment applies to the remaining defendant.
The demonstrations were granted permits. The applications stated that the applicant intended to burn the Quran. The acts were carried out by the remaining defendant, jointly and in agreement with the other protester: During the demonstrations, they desecrated the Quran in various ways and spoke in offensive language. The statements were essentially directed at the religion of Islam, its representatives and the activities in mosques. The defendant’s position is that his statements constitute criticism of religion which is protected by freedom of expression.
- There is a wide scope within the framework of freedom of expression to be critical of a religion in a factual and objective debate. At the same time, expressing one's opinion about religion does not give one a free pass to do or say anything and everything without risking offending the group that holds that belief, says the presiding judge, Chief Judge Göran Lundahl.
The District Court finds that, even if the motive was to criticize the religion of Islam, the actions and conduct exceeded by a clear margin what constitutes a factual debate and criticism.On all occasions, the demonstrations have expressed contempt for the Muslim group.
The crime agitation against a national or ethnic group restricts the freedom of expression. The penal provision should therefore be applied restrictively. Nevertheless, the defendant is convicted of, according to chapter 16 section 8 of the Swedish Penal Code, agitation against a national or ethnic group by having expressed contempt for the Muslim group because of their religious beliefs on four occasions.
The penalty is a conditional sentence and day-fines.
The Court is unanimous.