The University of Gothenburg has failed to observe objectivity and impartiality in connection with an exhibition

Summary of the decision: Pursuant to Section 9 of Chapter 1 of the Instrument of Government (1974:152), the courts, administrative authorities and others performing public administration functions shall observe objectivity and impartiality. For an action to be deemed in contravention of this constitutional requirement, it is sufficient that there is a risk that others may perceive that objectivity and impartiality are not being observed. The case in question was prompted by an exhibition arranged by a student union at the HDK-Valand Academy of Art and Design at the University of Gothenburg, which expressed solidarity with Palestine and criticism of Israel. In a complaint to the Parliamentary Ombudsmen, it was claimed that HDK-Valand had permitted public areas of its premises to be flooded with political messages in a manner that might give the impression that the public authority was behind them.

The Chief Parliamentary Ombudsman notes that an authority cannot stand behind such messages while at the same time being said to be observing objectivity and impartiality. According to the Chief Parliamentary Ombudsman, in cases such as the one in question, it is the responsibility of the authority to clarify that the message presented is not an expression of the authority’s own position. In this case, the Chief Parliamentary Ombudsman finds that the circumstances were such that this has not been made clear.

In the opinion of the Chief Parliamentary Ombudsman, a risk existed that those outside the University might perceive that HDK-Valand and, by extension, the University were behind the exhibition. As such, the University has failed to observe objectivity and impartiality and can therefore not avoid criticism.