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Swedish journalists' perceptions of inadequate legal protection against unlawful online harassment

Phone in front of computer

Swedish journalists lack trust in the judicial system's ability to protect them from illegal online harassment, according to a recent study. The primary reason is the judicial system's tendency to downplay the harm caused by online harassment.

Oscar Björkenfeldt, a PhD student in the Sociology of Law department, believes that the judiciary needs to change attitudes toward online offences. "There is an urgent need to push back against the normalisation of harassment within the legal system and the journalistic profession," he says.

Björkenfeldt used over 1 000 open-ended survey responses from journalists with varying levels of trust in the legal system to examine how they perceive judicial conditions concerning online harassment. The findings suggested a need for increased technical proficiency, resources, and priority within the legal system to address the issue adequately. The research found that journalists and legal professionals accept online harassment as part of journalism.

"This creates a culture where journalists are expected to accept abuse and are seen as undeserving of legal protection," Björkenfeldt says. "They are left to cope with the psychological damage of harassment without legal or social support."

One journalist responding to the survey points out that journalists are at increased risk of becoming crime victims. They exemplify the strained relationship with the legal system, remarking that the police believe journalism causes 'lifestyle crimes' and that the journalists are accomplices to the crimes.

Oscar Björkenfeldt standing among trees.
Oscar Björkenfeldt's research focuses on the growing exposure to online hate among journalists and how it generates self-censorship and endangers democratic values.

Björkenfeldt notes that the results point to a lack of understanding among prosecutors and police about the psychological effects of emotional abuse and the societal consequences of increased demonisation of professional journalism.

"This ignorance is made evident by the fact that resources and priorities are perceived only to be allocated when there is a potential risk of physical confrontation," he says. "These results are likely a consequence of online offences having a lower status than those occurring in the physical world and therefore not receiving sufficient attention from the legal system."

The implications of the study go beyond the legal system and journalism. The collective ambition to silence particular perspectives from the public debate is successful, as journalists exposed to online harassment often self-censor, depriving citizens of freedom of information and journalists' freedom of expression.

"The judicial system plays an instrumental role in safeguarding journalists' freedom of speech. Unfortunately, the study shows much to improve to fulfil this important protective role," Björkenfeldt says.

On the other hand, he stresses that recent convictions of perpetrators of online hate and threats and respectful treatment by the legal system's actors positively affected journalists' trust in the legal system. The result implies that when journalists feel supported by the legal system, they become more empowered to act against online harassment.

The latter is a significant result concerning a recent proposal by the Swedish Ministry of Justice to strengthen criminal law protection for journalists. The government proposes to increase the penalty for crimes committed against a person or someone close to them who is professionally engaged in journalism.

 

Read more about Oscar Björkenfeldt's research on his page.