Freedom of Expression in the Nordic Countries 1815–1914: Theory and Practice

Abstract

The Nordic countries have traditionally been regarded as pioneers in the historical development of the freedom of expression. In 2016, Sweden and Finland celebrated the 250th anniversary of the world’s first freedom of the press act, passed in 1766. Even later on, the history of freedom of expression remained primarily synonymous with that of freedom of the press. The Danish autocracy’s regulation on the boundaries of press freedom in 1799 restricted the previously tolerated freedom of the press but was based on the idea of the rule of law and on two principles, namely the absence of advance censorship and the right of the author and publisher to have their case tried before a court. These principles were repeated in the Swedish Instrument of Government of 1809, the Norwegian Constitution of 1814 and the Danish Constitution of 1849. Even the Grand Duchy of Finland, which was in Russia’s possession, received its own constitutional statute concerning the freedom of expression in 1906. In reality, however, freedom of expression was often under threat as all those in power were opposed to the right of the opposition to express themselves. Judicial control therefore acted as an important protection for the freedom of expression, but even this shield had its limits depending on the political views of the judges.