Swayback is one of those things that you know it when you see it. It sometimes takes a while to learn exactly what it is, but when you see a swaybacked horse you know without a doubt that it is swaybacked. This foal, as others have mentioned, is long-backed and down hill at this stage in it's development. Whether these problems correct themselves is yet to be seen. I, personally, from these pictures wouldn't be lead to believe the foal is swaybacked. I have also had people tell me my miniature donkey - who is very butt high - is swaybacked. You have to look at the entire animal to determine this.