We study the legal rights and limits of free speech on social media
“I want to contribute to a conversation in which as many people as possible are aware of what they may and may not do. At its core, law is just a collection of basic rules for how we can live together in a democracy.”
Mårten Schultz is a Professor of Private Law at Stockholm University. As an expert, he is regularly called upon as an advisor on legal issues by the Swedish government. He advocates for rights linked to freedom of expression and privacy online. He is an author, writer and influencer, and has been ranked by the Swedish National Courts Administration as one of Sweden's most influential lawyers on social media.
Why are you so interested in the interplay between responsibility and freedom?
I am interested in people and societies and how we live together. The law is close to philosophy—a subject I have also studied—and there is a significant overlap between law and morality.
How do you view the tug-of-war between freedom and restriction?
The basic rule is that we should have as much freedom as possible, provided we do not expose others to unreasonable risks. If this condition is met, I believe there is intrinsic value in occasionally breaking with conventions in order to add variety and stimulate debate.
Why should one study law at Stockholm University?
The law programme at Stockholm University is the most applied for in Sweden, and its students are our future leaders. The master’s programmes for international students are also very popular. It is a privilege to teach such driven and engaged individuals.
Moreover, being the largest institution with so many researchers ensures a high standard of education. But what I personally value most is the great synergy between academia and practice. Here in Stockholm, we benefit from the proximity of government offices, the country’s largest law firms, and perhaps the world’s foremost arbitrators. Swedish justice is a renowned export success.
What surprises students the most?
How extensive our freedom of expression is. When they realise how much you can do to other people without legal consequences it raises many questions.
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What is your favourite assignment as an expert?
“It was probably during my ten years on the Criminal Injuries Compensation Board, dealing with compensation issues for victims of crime. It's a kind of supreme court for victims of crime. What we achieved set important precedents and really influenced the development of the field. When I left, I was told that no one else had ever ‘dissented’ in so many cases on that board before – that is, holding a view different from the majority. I often felt that the board was rather stingy towards crime victims.”
What does a law researcher do?
“We try to understand what the norms that govern a society actually mean. For instance, this might involve considering a new offence in the criminal code by questioning something like: what does ‘consent’ mean? Then we explore it, make comparisons with how other countries have dealt with the issue, and try to predict effects. We look at situations that fall in the grey areas.”
I am passionate about making law accessible to everyone, not just the elites.
What are you researching at the moment?
“Apart from my work on freedom of expression and the internet, I am investigating how risks can be viewed from a liability perspective. Can the risk of future harm itself be considered a harm? And if so, how should it be regulated? Is the risk of developing cancer a harm? Can we predict the risk of a building collapsing or a company going bankrupt? How should we handle the risk of something adverse happening in the future when it is, in essence, just a risk? In legal terms, this is known as ‘loss of chance’.
I am also involved in an international project based at Oxford, which examines whether criminals should be entitled to the protections of civil law. The burglar who slips while committing the offence, the drug dealer whose cash is stolen by other criminals. This was an actual case in Sweden, where the court ruled that the drug dealer was entitled to get the money back. In other countries, they thought it was very typically Swedish.”
Why are you so passionate about public education?
“It is a matter of democracy. I am passionate about making law accessible to everyone, not just the elites. I am also something of a system enthusiast, as I value the legal order we have—even though it has its flaws. It is built upon a finely calibrated system that wise people have refined over centuries. These norms are of great importance, and I am eager to convey what they mean in society. Increased knowledge about it helps to protect the system we have.”
What drives you?
“Always trying to see the person in everything. As a newly qualified lawyer, I sat in court with a judge who, in exercising his authority, always recognised the human being behind a custody dispute or an instance of abuse. That approach made a profound impression on me, and I strive to keep it in mind, for example in my role as a teacher. I always endeavour to be an equal and to ensure that I do not lose sight of the human element in the exercise of power.”
Would you like to know more about Mårten and his research?
Read more about Mårten Schultz
Mårten Schultz: Risk and responsibility (video)
Last updated: March 18, 2025
Source: Communications Office