Publication of sensitive information about a child on Facebook. Right to privacy.

Justices: Indreberg, Noer, Bergsjø, Høgetveit Berg, Thyness

A mother, who was in a conflict with the child welfare service after having lost the care of her daughter, had posted on social media photos and video clips showing her daughter in vulnerable situations, own transcripts from talks with her daughter and letters from the child welfare service with assessments of her daughter. The Supreme Court found like the lower instances that the acts were covered by section 267 of the Penal Code. The information was clearly comprised by the term "privacy". Neither the daughter nor the mother could consent to publication in a way that made it lawful. Nor could a penalty under section 267 in this case imply a violation of Article 100 of the Constitution, Article 10 of the European Convention on Human Rights or Article 19 of the International Covenant on Civil and Political Rights.