SWEDEN Law and Practice Contributed by: Karl Ole Möller, Nordia Law
injury sustained. Swedish law does not recog - nise the use of punitive or exemplary damages. Athletes An athlete’s non-contractual civil liability is gov - erned by the same sources of law as the organ - isers’ non-contractual civil liability. Athletes may be held liable for damage or injury caused to other athletes, officials or spectators when the athlete acts intentionally or negligently. The liability is evaluated on a case-by-case basis in the light of the athlete’s obligations resulting from legislation and the governing body’s sport- specific rules. The athletes’ criminal liability is based on the concept of non-acceptable risk-taking. Athletes have normally accepted the risks inherent in the specific sport. However, violence between ath - letes may constitute a criminal offence, even in sports involving more aggressive physical con - tact (such as boxing or ice hockey). However, if the athlete adheres to the relevant sporting rules, their actions will most likely not incur any civil or criminal liability. Sports-related violence is subject to public prosecution. Authorities will generally have to investigate criminal matters ex officio. Spectators A spectator’s non-contractual civil liability is governed by the same sources of law as the organisers’ and athletes’ non-contractual civil liability. A spectator may be held liable in respect of damage to property or personal injury caused to the event organiser, other spectators or ath - letes. Liability for damages only arises when the spectator acts intentionally or negligently. Spectators may also incur criminal liability for offences under the Criminal Code.
Specific legislation relating to the access to sports events was introduced in 2015 follow - ing some tragic incidents at Swedish football grounds (such as the death of a football fan after pre-match violence in 2014). An individual may be prohibited from entering a venue where a sport event is going to be held. The public prosecutor may issue a banning order against, for instance, a violent supporter, for up to three years. Anyone breaking the banning order will be sentenced to a fine or maximum of two years in jail. In 2017, new anti-hooligan legislation was introduced for a ban against covering one’s face at sporting events. A spectator at the arena who intentionally covers their face in a way that pre - vents identification may be sentenced to a fine or a maximum of six months in jail. The Sports Confederation is the unifying organi - sation of the sports movement in Sweden and has the task of supporting, representing, devel - oping and leading the movement, both nationally and internationally. The Sports Confederation consists of 72 spe - cial sports federations and 21 district sports federations, which organises more than 250 different sports and almost 20,000 local sports clubs. Almost a third of Sweden’s inhabitants are members of a sports club (as athletes, officials, coaches or supporters). 4. Corporate 4.1 Legal Sporting Structures Sport in Sweden is historically organised as an independent voluntary movement (known as the Scandinavian or Nordic model). A long experi - ence of collaboration with central government and local authorities has led to the sports move - ment being entrusted with the task of organis -
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