372 FPA could, having regard to its classification as a fundamental law, only be amended following two decisions of the Riksdag, between which an election must have been held. The issue of whether the content of a printed document in respect of which a prosecution had been instituted was criminal was determined by a jury. During the period of the emergence of democracy, two-thirds of the members of the jury were selected by the parties and one-third by the court. By having two-thirds of the jury selected by the parties, a situation had been achieved whereby the members selected by the court had a decisive influence on the outcome of the case. This fact meant that the suspicion about objectivity in the administration of justice in situations involving a conflict between social stability and freedom of the people - which the jury systemwas intended to eliminate - was not removed. 2. Legislation against sedition- the so-called Gagging Act (Munkorgslagen) 2.1. Spreading socially harmful rumour, inciting treason or rebellion and the legislation concerning sedition Under Chapter 8, Section 14, CLA, spreading socially harmful rumours could result in a sentence of penal labour for at most two years. For inciting treason, penal labour for at most six years could be imposed under Chapter 8, Sections 3 and 8, CLA. According to Chapter 10, Section 11, CLA, the maximumsentence for inciting rebellion was only imprisonment for at most six months. Inciting rebellion or mutiny by printed material could, pursuant to Section 3, item7, FPA, be punished according to general law. During the period 1885 to 1921, penal liability for incitement to treason or rebellion was imposed in some individual cases for revolutionary political propaganda, primarily in cases concerning printed matter. However, no one was convicted during these years for spreading socially harmful rumour either at first instance or by the Supreme Court. Incitement to commit crimes other than rebellion or treason was not criminalized by the Criminal Law Act 1864 except where the expression of views could be punished as instigation of a crime which was ultimately carried out. A government bill was prepared in 1887 by which it was proposed that a person who publicly incited violence against a person or against property should, under a new provision in Chapter 10, Section 14, CLA, be punished by a fine or imprisonment for at most two years. Anumber of liberal Riksdag members were critical of the proposal as they suspected that the legislative amendment could be exploited by the conservative elements of society to limit freedom of
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