SWEDEN: The Swedish administrative court of appeal (Sw. Kammarrätten) upholds decision to impose fines against Swedish evening papers for providing links to offshore gambling services.

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In September 2013, the Swedish Gambling Authority (Sw. Lotteriinspektionen) issued an injunction under a penalty of a fine of SEK 45 000 per day against the evening papers Expressen och Aftonbladet for publishing links to offshore operated gambling services.

The papers appealed the decision arguing that the Swedish Gambling Authority’s decision was in violation of Swedish Fundamental Law on Freedom of Expression (Sw. yttrandefrihetsgrundlagen) and that the prohibition against promotion of offshore gambling services was incompatible with EU law.

The Swedish administrative court of appeal concluded that gambling advertisements are of commercial nature and, as such, not protected by the Swedish Fundamental Law on Freedom of Expression. Furthermore, the court did not assess that the prohibition against promotion of offshore gambling services is incompatible with EU law. As such, the Swedish administrative court rejected the appeal and upheld the Swedish Gambling Authority’s decision to issue the injunction.

While the new Swedish gambling act enters into force on 1 January 2019 and the new license applications are currently being processed by the Swedish Gambling Authority, we expect the papers to appeal the decision to the Swedish Supreme Administrative Court.

If you have any questions regarding the decision or the new Swedish gambling legislation, please contact Christopher Büller (This email address is being protected from spambots. You need JavaScript enabled to view it.) or Jessica Lorne (This email address is being protected from spambots. You need JavaScript enabled to view it.) at DLA Piper Sweden.

https://blogs.dlapiper.com/all-in/2018/09/15/sweden-the-swedish-administrative-court-of-appeal-sw-kammarratten-upholds-decision-to-impose-fines-against-swedish-evening-papers-for-providing-links-to-offshore-gambling-services/