Hate Speech – strl. § 185

“A penalty of a fine or imprisonment for a term not exceeding three years shall be applied to any person who with intent or gross negligence publicly makes a discriminatory or hateful statement. «Statement» includes the use of symbols. Any person who in the presence of others, with intent or gross negligence, makes such a statement to a person affected by it, see the second paragraph, is liable to a penalty of a fine or imprisonment for a term not exceeding one year.

«Discriminatory or hateful statement» means threatening or insulting a person or promoting hate of, persecution of or contempt for another person based on his or her

a.skin colour or national or ethnic origin,

b.religion or life stance,

c.homosexual orientation, or

d.reduced functional capacity.”

The House of Literature's comment:

It is grossly hateful expressions that are prohibited according to legal precedent. Expressions typically affected are those that degrade the entire human worth of a group (that they are inferior, lower races), compare them to pests (cockroaches, monkeys, and parasites etc.), which are made purely for the purpose of harassment without any contribution to public debate or also have elements of incitement to violence (e.g., should be forcibly sterilized). Symbols can also be affected, typically the swastika. The provision is there to protect minorities from the hatred that can arise against them in the larger society, and to protect public peace, order, and security.

Threats – strl. §§ 263

“Any person who by words or conduct threatens to engage in criminal conduct under such circumstances that the threat is likely to cause serious fear shall be subject to a fine or imprisonment for a term not exceeding one year.”

The House of Literature's Comments:

When determining whether statements constitute threats, the assessment is based on whether they are "capable of inducing serious fear." Threats of physical harm, such as assault or rape, are considered illegal, even if made in jest.

Incitement to a criminal act – strl. § 183

“Any person who publicly incites another person to commit a criminal act shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.”

The House of Literature's Comment:

The provision targets expressions that incite others to commit a criminal act, such as assault, rape, or stalking private individuals, employees of agencies one dislikes, etc. The provision is there to protect public peace, order, and security.

Violation of privacy – strl. § 267

“Any person who by public communication violates the privacy of another person shall be subject to a fine or imprisonment for a term not exceeding one year.”

The House of Literature's Comment:

The provision covers the dissemination of information or "gossip" about people's private matters - for example, what they write in their diary, who they associate with in their own home, their sexual preferences, medical conditions, relationship status, or other private matters. The distribution of images can also be affected. In principle, you are not allowed to disseminate pictures of others without their consent, even regular portrait pictures. The provision is there to protect our privacy and personal data.

Harassing conduct – strl. § 266

“Any person who by frightening or bothersome behaviour or other harassing conduct stalks a person or otherwise violates another person's peace shall be subject to a fine or imprisonment for a term not exceeding two years.”

The House of Literature's Comment:

This provision can encompass expressions intentionally made solely to harass others. For example, emails, text messages, posts, instant messages, or phone calls with unpleasant, harassing content. Repeated and ongoing communications can be covered even if they do not have a harassing or troubling intent, such as bombarding private individuals or public officials with criticism for their actions or things they have done that one disagrees with. This provision is in place to protect our privacy, safety, and integrity.

Serious stalking – strl. § 266a

“Any person who repeatedly threatens, follows, watches, contacts or by other comparable acts stalks another person in a manner which is likely to cause fear or anxiety shall be subject to imprisonment for a term not exceeding four years.”

The House of Literature's Comment:

This provision typically covers "stalking," which involves subjecting others to repeated, unwanted intrusive behavior and communication. This provision is in place to protect our privacy, safety, and integrity.

Defamation – skl. § 3-6a

The law is not available in English. Here is an unofficial translation of the Norwegian law text:

"The person who, through negligence, has expressed a statement that is likely to injure another's sense of honor or reputation, shall provide compensation for the damage suffered and such compensation for future loss of earnings as the court deems reasonable based on the degree of fault and other circumstances. They may also be ordered to pay such compensation (reparation) for non-economic damage as the court deems reasonable. If the aggrieved party died less than 15 years before the act of injury referred to in the first paragraph took place, claims for reparation may be brought by their closest relatives.

A defamatory statement does not give rise to liability under the first paragraph if it is deemed justified after a balancing of the considerations that justify freedom of expression. In this assessment, particular emphasis shall be placed on whether the statement is based on a sufficient factual basis, the degree of injury caused by the statement, and whether the interests of the injured party are adequately safeguarded, for example, through the right to reply, whether public interests or other good reasons justified the statement, and whether the person making the statement acted in good faith with respect to the elements that may make the statement justified.

The provisions in the second and third paragraphs of Section 3-6 apply mutatis mutandis."

The House of Literature's Comments:

Unlike the provisions mentioned earlier, defamation is not a criminal offense, but it is illegal. If you defame someone, you can be held liable for damages. This provision typically covers false claims about criminal offenses, such as accusing someone of being corrupt or a pedophile, etc. Vaguer labels that could harm someone's reputation, like calling them rogues or villains, are less likely to be affected because such statements are often more about the opinion of the speaker than the actual actions of the person being discussed. This provision is in place to protect our reputations.

Sources:

Lov om straff (straffeloven) – Norwegian

The Penal Code – English translation

Lov om skadeserstatning (skadeserstatningsloven) – Norwegian