Guide: This is what the law says about Koran burning

Why are holy scriptures like the Koran allowed to be burned?

Freedom of expression has its limitations, for example, it is illegal to say things that are threatening or derogatory towards a group of people – it is hate speech. However, criticism of religion is legal, says Joakim Nergelius, lawyer and professor of jurisprudence.

"It's part of freedom of speech that you should be able to criticize religions.

He says that it is a difficult question whether burning a holy scripture could be hate speech, since it has not been tried legally, but that it probably is not with current legislation.

"As long as it's about criticizing the Koran, it's about criticism of religion.

Can police deny a Koran burning?

Earlier this year, police denied permits for two Koran burnings. The decision is motivated by the fact that the protest could lead to an increased terrorist threat against Sweden. The Administrative Court of Appeal later ruled that the police's decision was wrong, and that there was no legal basis for denying demonstrations due to threats to national security.

But the police can deny permission if they fear that anyone who wants to demonstrate will create unrest, says Nergelius.

"But as it has been so far, it is actually counter-demonstrators who have caused unrest.

The fact that the demonstrator provokes backlash has so far not been considered a reason to deny a permit when it has been examined in the administrative court, says Nergelius.

Can the police direct a Koran burning to another location?

What upset the latest Koran burning was that it was carried out outside a mosque during one of Islam's biggest festivals – Eid al-Adha. Could the police have moved the action to another location? Yes, says Nergelius.

"That issue has not been tested in court, but I would recommend it as a measure.

Nergelius says that it has happened before that demonstrations have been moved to another location. One example is when Nazis were to demonstrate in Gothenburg in the autumn of 2017. They then wanted to end their demonstration near a synagogue during the feast of Yom Kippur, but this was not allowed and the route of the march was changed.

"The best thing the police can do with current legislation is, in my opinion, to allow demonstrations but refer to a different place instead of these sensitive and controversial places that have been now.

Must the constitution be amended to stop Koran burnings?

Not really, says Nergelius and says that the constitution allows limitations by law. The law on hate speech is just such a limitation, and a law on peace of faith could be introduced in Sweden – which would make it illegal to desecrate holy scriptures.

Sweden has not had such a law since it was decriminalized in 1970.

"That would be quite a dramatic change. That would mean a huge restriction on freedom of expression," says Nergelius.

Finland, on the other hand, still has such a law, which made it possible to stop Koran burnings earlier this year. Whether this in itself means that Finland has a weaker freedom of expression than Sweden is, according to Nergelius, difficult to answer.

"Perhaps one should not exaggerate the differences between Sweden and Finland. But Swedish freedom of expression is very broad.