Due to this summer’s Koran burnings, the government has announced that it is considering changes to the Public Order Act. The aim is to make it possible to stop demonstrations that could disturb the security of the kingdom. But according to constitutional expert Mikael Ruotsi, such a ban would be difficult to implement within the framework of the current legislation.
– This requires major changes in the law. It would have been strange to forbid expressing oneself in a certain way at a demonstration, but allow it in other contexts. Finally, we risk having less and worse freedom of expression.
It is already possible today to restrict freedom of demonstration, but Ruotsi points out that such measures are only intended for critical situations, for example war or pandemics, and that it requires a state of emergency decision from the government.
– On the other hand, there is nothing that can justify examining in advance what people intend to say or do during a demonstration and on the basis of this refuse permission to demonstrate. No permit is generally required to organize a demonstration, although of course one must apply for it to avoid fines.
“Difficult to interpret Koran burnings as incited against ethnic groups”
According to Ruotsi, the context is decisive for the question of whether Koran burnings can legally be interpreted as incitement against a ethnic group.
– It is one thing when a person who fled an Islamist regime burns the Koran as a form of criticism. Another thing when, driven by Islamophobic motives, you do it in front of a mosque during the Eid celebration.