The images were taken during the unrest that started after a Koran burning in Malmö in September 2023. Prosecutor Henrik Nordquist requested access to all filmed and photographed material, including unpublished material, but not interviews.
The media companies refused, citing source protection and that disclosure would threaten journalistic independence.
Two interests should be weighed against each other, according to the Supreme Court: the prosecutor's interest in conducting an investigation against the media companies' interest in not disclosing material obtained for journalistic purposes.
However, since the prosecutor had not specified which specific crimes the investigation concerns, the Supreme Court does not think it is possible to make this balancing act.
The Supreme Court does not believe that the media companies' reference to source protection has any significance in this case, since the individuals who were filmed or photographed during the riot cannot be considered to have knowingly provided information for publication or disclosure in a program.
Corrected: An earlier version contained an incorrect statement about the number of affected editorial offices.
