Article

Zviedrijas Preses Padomes harta


Date:
29. April, 2003


Charter of the Press Council§ 1The Press Council shall review cases concerning good journalistic practice. The Council shall be entitled to interpret the meaning of this concept as it sees fit.

The Council shall review such cases relating to all periodicals which, by subscription, by sale of single copies or by other means, are available to the public.

The Council shall also review cases concerning Internet publications with the following limitations:

a) The review applies to Internet publications by companies represented in the Joint Committee of Press Associations.

b) The review applies to such Internet publications that constitute supplements to periodicals as defined in the Freedom of the Press Act 1:7 or which are referred to in the Freedom of Speech Act 1:9 and produced by the editorial staff of a printed periodical or by a company belonging to a corporation that also publishes periodicals.

§ 2
The Council may take up cases for review on application by the Press Ombudsman or when an application is submitted to the latter and referred by him for consideration by the Council. Applications submitted to the Press Ombudsman but dismissed by him may instead be referred to the Council by the applicant on condition that the matter concerns the applicant personally.

Applications may be submitted by individuals. Applications from companies, organizations or public authorities should as a rule be considered only regarding correction of facts or reply to an allegation.

§ 3
Under certain circumstances the Council may consider applications other than specified above or in a different manner than specified above. The Council may itself decide whether an application is to be taken up for review.

The Council may also discontinue the review of a case even when the review procedure is already under way.

To perform investigations of a general kind is not part of the duties of the Council.

§ 4
The Council shall report its opinion on the cases reviewed. These reports shall be made public.

§ 5
The Council shall consist of a chairman, a first, second and third vice-chairman, and fourteen ordinary members.

The Council shall be divided into two groups, each group consisting of a chairman or vice-chairman and seven ordinary members. With due observance of the provisions of the first paragraph of section 8 herein, the placing of the members in the two groups shall be decided for six months at a time by the drawing of lots. The groups are equally qualified to consider the cases handled by the Council.

Fourteen deputy members shall be appointed to replace any ordinary member appointed similarly to the deputy in the event that the ordinary member is unable to attend.

§ 6
The National Press Club, the Swedish Union of Journalists, the Newspaper Publishers Association and the Magazine Publishers Association shall each appoint two members of the Council and two deputy members.

The Chief Parliamentary Ombudsman and the chairman of the Swedish Bar Association shall jointly appoint six members and six deputy members, who shall be respected citizens with wide experience of national affairs. They must not be dependent on any newspaper company or press organization.

The term of office, which is two years, shall commence on July 1. Appointment of members of the Council should be performed at least two months before the beginning of the term of office. Nobody may be elected member or deputy member of the Council for a total term of office of more than six years.

The chairman and vice-chairmen should be jurists with experience of service as regular court judges. They are appointed by the Joint Committee of Press Associations for a term of office of two years. The chairman and vice-chairmen of the Council should be consulted when new appointments to the chair are made. Nobody may be appointed chairman or vice-chairman of the Council for a total term of office for more than eight years.

Each of the four organizations appointing members of the Council may if necessary appoint temporary replacements. The acting chairman has the same authority regarding the other members.

§ 7
The Council shall appoint a secretary. The secretary shall, acting on the instructions of the chairman, prepare the cases to be reviewed by the Council, keep the minutes and assume any other administrative duties.

§ 8
The Council shall be entitled to reach a decision when, in addition to the chairman or deputy chairman, one member or deputy member appointed by each of the organizations named in Section 6, and three members or deputy members appointed in the manner prescribed in Section 6, paragraph 2, are present.

The Council shall also be entitled to reach a decision when, in addition to the chairman or a deputy chairman, a total of five members or deputy members, of which no less than two should be appointed in the manner prescribed in Section 6, paragraph 2, are present.

If deemed suitable, cases of principal significance may be referred for decision by all the chairmen and members or deputy members of the Council.

§ 9
When reviewing a case concerning a printed or online publication no person representing or employed by the company responsible for the case under review by the Council may take part in such review.

§ 10
In deciding an issue, each member of the Council shall have one vote. If the votes are equal, the decisive vote shall be cast by the chairman.

The Council should strive for unanimous decisions. Should there be a difference of opinion, the dissenting opinion should be filed with the Council’s decision. In the event of a difference of opinion, the chairman may attempt to achieve unanimity by adjourning further consideration of the case.

A deputy shall be entitled to take part in the Council’s deliberations but not in the voting unless he is replacing a regular Council member.

§ 11
A newspaper censured by the Council shall pay a fee which as of 2002 amounts to the following sum:

Circulation, weekdays Kronor

Up to 10 000 copies 10 000:-

Over 10 000 copies 25 000:-

When an Internet publication is censured the fee charged shall be based on the circulation of the printed publication published by the company in question. The fee shall be adjusted annually in accordance with the consumer price index (CPI) where October 2001 = 100.

§ 12
The fee, which shall contribute to covering the costs of the Press Council and the Press Ombudsman, shall be paid to TU Service AB (The Swedish Newspaper Publishers Association).

§ 13
A printed or online publication criticized by the Council shall without delay publish the entire, unabridged text of the Council’s statement in a prominent place in the publication and without special reminder report to the Council that it has done so.

§ 14
The Council shall submit an annual report of its activities to the press organizations specified in Section 6, to the Chief Parliamentary Ombudsman and to the chairman of the Swedish Bar Association.

The chairman of the Council shall inform the Press Ombudsman of the work of the Council on a regular basis.

§ 15
The question of changes in the basic principles of the composition or work of the Council may be raised by the Council itself or by the Joint Committee of Press Associations and shall be decided by the Joint Committee of Press Associations after consultation with the Chief Parliamentary Ombudsman and the chairman of the Swedish Bar Association.

_______________________________

Comment on the Charter of the Press Council

§ 3:
Under the terms of Section 3, the Council may decide whether or not to take up a case for review. Furthermore, the Council may discontinue the review even when the review procedure has already begun.

If legal proceedings under the Freedom of the Press Act or the Freedom of Speech Act regarding a matter referred to the Council have begun or have already been completed, the Council should particularly consider whether it is necessary to review the case also from an ethical point of view, keeping in mind that journalistic ethics under no circumstances may obstruct the exercise of freedom of the press.


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