The Parliamentary Ombudsman directs criticism towards the Prison and Probation Service, Tidaholm prison, for communicating a decision that goes against the statutory regulated ban on censorship of the freedom of speech
Date of article: 12/03/2020
Daily News of: 17/03/2020
Country: Sweden
Author: Parliamentary Ombudsmen of Sweden
Article language: en
Date of decision 2.12.2020
Summary
A journalist was granted the right to visit an inmate at Tidaholm prison and in connection to the visit bring an audio recording device to the prison. The decision stated that the memory card of the device would be checked before and after the visit.
In a complaint to the Parliamentary Ombudsman, a question was raised if the Prison and Probation Service’s provision on General Conditions on Prisons, chapter 7, section 9, prohibits a visitor to record sound and image at a prison, without the authority’s permission, and if it is in accordance to the freedom to communicate information. The complainant also inquired if it pursuant to the freedom to communicate information and the censorship ban to take a decision to monitor audio recordings that journalists make in prisons.
In the decision the Chief Parliamentary Ombudsman states that the freedom to communicate information cannot be invoked as a general cause for insight and that an individual, in addition to authorities’ statutory requirement on service duty and the obligation to disclose documents, does not hold the right to demand information from the public. The Chief Parliamentary Ombudsman states that the freedom to communicate information does not limit authorities’ right to prohibit access or set up conditions as long as the conditions does not impose on collecting information of certain kind. The Chief Parliamentary Ombudsman concludes that the regulation, pursuant to chapter 7, section 9 of the Prison and Probation Service General Conditions on Prisons, does not impose on the statute-regulated right to access certain information.
Regarding the question of whether the decision to monitor the journalist's memory card violated the censorship ban and the freedom to communicate information the Chief Parliamentary Ombudsman notes, among other things, that the censorship ban, disregarding the censorship of films to be shown publicly to persons under the age of 15, basically applies without exceptions. The Chief Parliamentary Ombudsman states that the Prison and Probation Service’s decision contravened the censorship ban and therefore the Chief Parliamentary Ombudsman directs criticism towards the prison. Moreover, the Chief Parliamentary Ombudsman states that the design of the decision raises questions as to whether the decision can be considered to have been in accordance with the freedom to communicate information. However, in light of the fact that the Prison and Probation Service allowed the journalist to interview the inmate, and in this way obtain information, the Chief Parliamentary Ombudsman does not find sufficient reason to make any further statements in the case.