When the verdict against Flashback's founder and CEO Jan Axelsson came at 11 o'clock on Wednesday, Ängla Pändel did not raise an eyebrow.
The district court acquitted him of the charge of gross offense against the law on responsibility for electronic bulletin boards – just as Pändel had predicted.
I thought that one would end up with an acquittal, she says.
"Interesting verdict"
Axelsson was charged with not having removed posts with incitement to hatred against a group of people from the online forum. The court believes that eleven of the twelve current posts violate incitement to hatred and that Axelsson could certainly have done better to prevent criminal posts, but that he still took some measures and that he therefore cannot be considered grossly negligent.
It's an interesting verdict. One has come to the conclusion that the CEO is a provider, I think that's interesting. It's the first time someone so high up in the chain of responsibility is being tried, says Pändel.
Jack Werner, journalist and expert on source criticism on social media, shares Pändel's view. He also thought that Axelsson would be acquitted.
There is a small passage that can open up for appeal. The prosecutor talked about the fact that with modern technology, it would be possible to keep a better check on the forum, the district court notes that the prosecutor has not presented any investigation into what solutions it could be about. If the prosecutor does that in an appeal, it could make a difference, he says.
Pändel thought that the court would place more emphasis on the fact that the posts had not been reported through the reporting channels available on Flashback. Flashback does not allow incitement to hatred, but the posts had still been left on the forum for up to a year.
The court points out that there is a deficiency in that the reporting channels are only for members and not for anyone who reads on the forum, she says.
Important signal
Neither Pändel nor Werner thinks that the verdict will have any major consequences for Flashback.
But I don't think we should underestimate the signal it sends that the prosecutor has chosen to pursue this case. The legislation has been a bit dormant. Now it has been tested in relation to an owner and a large, publicized forum, says Pändel.
Werner:
There is an appeal in the verdict to improve moderation. Whether that happens depends on whether Axelsson reads the verdict or just the judgment.
