The Supreme Court (Högsta domstolen) confirmed an appeal court ruling and imposed fines and awarded damages totaling 65,000 kronor ($9,900).
The film depicted a teenage couple having sex on a trampoline in the back garden of a house in Falun in northern Sweden. The film is not reported to have shown any detail or close ups as it was shot from a distance.
The female subject of the film reportedly became known as “porn star” at school and was teased and bullied by her peers. The girl was obliged to seek help from a therapist and suffered sleeping problems. The male subject in the film was dubbed “porn king” and was also reported to have suffered from sleeping difficulties.
The film was initially distributed to a limited group of friends via MSN chat.
The girl’s lawyer, Anders Ericsson, said that he was “not surprised” over the Supreme Court decision and conceded that “there were very few unanswered questions following the appeal court ruling. It was the amount of the damages that we wanted reconsidered, as they were unusually high.”
The court of appeal had raised the amount of damages imposed to 40,000 kronor on the girl and confirmed the district court decision of 25,000 kronor on her boyfriend.
Similar cases in Sweden have resulted in a range of penalties for those involved. A 13-year-old girl received 35,000 kronor last summer when she was forced to show her breasts to the camera. The film was also distributed on the internet.
In November a 15-year-old girl was awarded 27,000 kronor in damages against a former boyfriend and his new girlfriend who had sent a sex film of her to 500 people on MSN.