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When the first films were shown in Sweden, starting 1896, it was the local police authorities that granted permission for performances and also examined the content of the films. As might be expected, the personal views of individual police officers carried disproportionate weight and a growing public opinion came out in favour of uniform rules for the showing of films. Then, as now, the debate centered on the potential bad influence of the new medium, particularly on the young.
A milestone in this respect was the issue in 1905 by the Office of the Governor of Stockholm of the following provisions:
"Exhibitions of films shall not include any material that is offensive to public decency or disrespectful to the authorities or private individuals, nor pictures depicting the commission of murders, robberies or other serious crimes, and exhibitions that are open to children shall not include pictures depicting events or situations that are liable to arouse emotions of terror or horror in the audience or for other reasons be considered unsuitable for children to look at."
It was proposed that a central body be set up to examine film and this led to the drafting of a Government bill. The first bill contained a provision concerning "cinematic pictures, the showing of which is liable to give offence for religious or political reasons". This, however, was excluded from the final draft on the grounds that it gave too much scope for subjective interpretations.
Film censorship is born in June, 1911
The official name given to the film censorship body was Statens biografbyrå, (called SBB in the following) and the operative section of the new law, the Cinema Ordinance, then read as follows:
"Examiners shall not approve cinematic pictures, the showing of which is contrary to law or morality or is otherwise liable to have a brutalizing or agitating effect or to cast doubt on the concept of legality. Therefore, pictures depicting scenes of horror, suicide or serious crimes in such a manner and in such a context as to have such an effect shall not be approved.
Furthermore, pictures that are liable perversely to excite children's imagination or otherwise to have an adverse effect on their mental development or well-being shall not be passed for exhibition at performances to which children under the age of 15 are admitted. Examiners must not deny approval for pictures other than those referred above."
Society as a whole, the institution of film censorship and, above all, the films themselves, have changed a great deal since 1911, as have also the central legal provisions.
Yet one of the fundamental concepts has stood the test of time: films or scenes must not be approved if they are liable to have a brutalizing effect on audiences over the age of 15 (the only restriction that still applies to this category) or to cause children under the age of 15 mental harm.
Some important milestones
Two new age limits have been introduced in addition to the 15-year limit: one of 11 years (1960) and one of 7 years (1978).
The rules laid down in 1914, at the time of the outbreak of World War I, relating to military secrets and foreign policy considerations have been abolished, as has the Act prohibiting offences against morality and decency (1971). The repeal of that Act signified the legalization of pornography in the cinema.
At the beginning of the 1990's two of SBB's previous criteria for not approving films or scenes for adult audiences - "perversely exciting" and "liable to encourage crime", as well as the notion that the showing of a film "might in other respects be contrary to law" - were abolished.
Provisions making child pornography a criminal offence have been enacted and are taken into account in the assessments of SBB.
Commercials are no longer examined, but trailers for films are still subject to compulsory examination.
For audiences over the age of 15, the only scenes that may be banned are such where "the events are depicted in such a manner and in such a context as to have a brutalizing effect. The assessment shall take particular account of whether the film contains explicit or protracted scenes of severe violence to people or animals or depicts sexual violence or coercion or presents children in pornographic situations."
Films must not be approved for children under the age of 15 if they are liable to cause children in the relevant age group mental harm. Apart from films that are passed for universal viewing, the age limits for the different categories are 7, 11 and 15.
Children under the age of 7, who are accompanied by an adult (a person aged 18 or over), are admitted to films that have been passed for children from the age of 7; and children from the age of 7, who are accompanied by an adult, are admitted to films that have been passed for children from the age of 11.
The advent of videos at the beginning of the 1980's gave rise to a debate similar to that in the early years of the century, in particular about the possibly harmful effect of such films on young people. Over the years this debate, among other things, has led to…
Video distributors can submit their films to the SBB if they choose to do so. If such a film is approved, the distributor cannot subsequently be charged under the provision of the Swedish penal code relating to unlawful depictions of violence.
Unlawful depictions of violence are defined in the penal code as "depictions of sexual violence or coercion, or explicit or protracted scenes of severe violence, unless this is justified in view of the particular circumstances". The unlawful act in this connection is the distribution of such depictions, whether deliberate or through negligence.
Those responsible for monitoring compliance with these rules are the inspectors in the regional supervisory organization of the SBB. These inspectors have the right to enter such premises and obtain such documents and information as are required for the purpose of supervision. They also have the right to take videos for control purposes, normally for a period of 24 hours, but in special cases for up to five days.
Inspectors have the explicit right to summon assistance from the police if that is necessary for them to perform their duties.
The Office of the Chancellor of Justice has the exclusive right to prosecute anyone on grounds of unlawful depictions of violence, since this is a criminal offence under the the Swedish Freedom of Expression Act. Such proceedings are jury trials - which is a rare phenomenon in Sweden.
The provisions of the previous Video Violence Act have now been incorporated in Chapter 16, Section 10, of the penal code as follows:
"It is a criminal offence to depict sexual violence or coercion, or explicit or protracted severe violence to people or animals in photographs or in films, videograms, television programmes or other moving pictures, with the intention of distributing such pictures or such depictions, unless this is justified in view of the particular circumstances."
When charges are brought against a distributor or retailer, the SBB must notify the Office of the Chancellor of Justice of its assessment in the case. Charges cannot be brought in the case of films that have been previously approved by the SBB.
Anyone who sells or hires out videos containing unlawful depictions of violence risk severe penalties: company fines of between 10 000 and three million SEK or imprisonment for up to two years.
Also it is a criminal offence to sell or hire out to children under the age of 15 videos containing realistic depictions of violence.
Anyone engaged in the business of selling of hiring out videos to the public are subject to compulsory registration at the SBB. Failure to do so is a criminal offence and can render the offender a fine or imprisonment for not more than six months.
For this purpose the SBB keeps a computerized register of such companies and persons, both wholesalers and retailers. The particulars of the register consists basically of the names and addresses of those concerned.
Since 1992, when the new Freedom of Expression Act came into force, all films and videos that are shown or distributed to the public must carry the name of a legally responsible publisher - the same requirement that has applied to newspapers for many years.
As regards cinema films, the decisions of the SBB apply to the showing of films to the public only. Private parties, for example film clubs, schools, associations etc, can show films to their members without advance examination or age limits.
The examination of the SBB focuses on violence and it must be emphasized that the SBB does not take into account the religious, political or moral attitude of films. Nor does it act as an arbiter of taste.
The task of the SBB is to judge whether films, or film sequences, are liable to have a brutalizing effect on the audience. Every film and every sequence is judged in its own unique context and the judgments are based on expertise and experience.
For a younger audience, under the age of 15, the SBB take into account the likelihood of children in various age groups being exposed to mental harm.
Only a very limited amount of violence is allowed in films for very young children. The classification process also includes assessments of film sequences that may have a terrifying effect on young children, including films and sequences that are difficult for children to understand and liable to cause confusion and fear. Since cinema films in Sweden in most cases are subtitled and not dubbed, the possibility for children to read the subtitles is sometimes an issue.
When a film distributor submits a film for examination he must declare what age limit he wishes. This has to do with his right to appeal the decisions of the SBB.
In the case of films for audiences under the age of 15, the decision must always be made by at least two censors; in other cases only one censor is needed. Nevertheless, in most cases there are two censors to screen any film.
If a distributor is dissatisfied with a decision of the SBB, he can appeal to the Stockholm administrative court of appeal. When such cases are heard two special members must take part, one of whom has expert knowledge of film matters and the other of behavioural sciences. If still dissatisfied with the outcome, the distributor can appeal this decision also to the highest administrative court of appeal in Sweden.
However, appeals are made first to the SBB itself, which then decides whether there are reasons for reviewing the decision.
All documents relating to the examination of films are available to the public. This also applies to cuts made by the SBB, but not to films that have been prohibited for public showing: they are returned to the distributor.
Another significant feature of the activities of the SBB is its information services, for example in conjunction with visits by private citizens and groups - often in the form of lectures given by censors on the policy and work of the SBB - and sometimes, time permitting, censors are guest lecturers for organizations of different kinds. The SBB also has an extensive dialogue with the general public by phone or mail. The SBB also offers subscriptions of its decisions, by mail and e-mail.
The examination activities of the SBB are in reality financed by the fees paid by distributors for the cinema films and videos that are submitted and by the licence cards that are required, around 8 million SEK annually.
The fee is proportional to the length of the film. At present (2007) the examination fee for a film of 100 minutes is about 1 700 SEK, in addition to which 975 SEK is charged for the licence card issued for each copy distributed. For documentaries a special rate is applied, 200 SEK, whatever the length.
The staff consists of 11 employees, headed by a Director, also a film classifier and an Assistant Director, also a film classifier; three other classifiers and technical and administrative staff.
For the latest statistical information, see the Film data base or call the SBB.