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EUROPE, MIDDLE EAST & AFRICA: SWEDEN

INFORMATION ON CARBON DIOXIDE EMISSIONS RULED TO BE PROTECTED UNDER FREEDOM OF SPEECH
Authors: Michael Plogell, Wistrand Advokatbyrå

Greenpeace – Nordic filed charges against Vattenfall for breach of the Swedish Marketing Practices Act (MPA). Vattenfall is an electricity producing company owned by the state of Sweden. Vattenfall has launched a project called “The carbon dioxide free power plant” (sw. Det koldioxidfria kraftverket).

Greenpeace claimed that Vattenfall’s information regarding this project is misleading, or at least improper, since the project would only lead to a reduction of carbon dioxide emissions by approximately 90%. The information is first and foremost presented on Vattenfall’s website. Vattenfall in turn claimed that the information in question is of visionary nature, and that neither the purpose nor the content of the information is commercial. Hence, Vattenfall meant, the information in question is protected by the provisions of freedom of speech and the MPA is not applicable.

The Marketing Court found that the information does not constitute commercial speech since the information is not of commercial character and does not contain any clear commercial message. Furthermore; the information does not contain any urge for potential customers to acquire Vattenfall’s products. The information is hence protected by the provisions of freedom of speech and the MPA is not applicable.