Permission to film and record during hearing
Supreme Court decision 11 March 2019, HR-2019-495-A, (case no. 19-010640STR-HRET), criminal case, appeal against order.
Tidal Music AS (Counsel Fredrik Berg) v. The Public Prosecution Authority (Counsel Henrik Horn)
Webster, Kallerud, Falch, Høgetveit Berg, Lindsetmo
A newspaper had applied for permission to make film and audio recordings during a hearing in the Supreme Court of a further appeal against a search order, see section 313a of the Courts of Justice Act. The Supreme Court stated that section 131a must be interpreted to mean that recordings are also allowed in a case like the present where a further appeal against an order had been granted an oral hearing in the Supreme Court. It must be possible to make such a decision not only during, but also prior to, the main hearing or the appeal hearing when permission has been applied for in advance. The Supreme Court also found that there were special reasons for granting an exemption from the filming and recording ban. The case involved issues of interest to the general public and had been given much attention, see section 3 subsection 1 (b) of Regulations of 15 November 1985 no. 1910. The Public Prosecution Authority had not objected to the filming and recording, and the search in question would not raise any privacy issues for individuals, see section 3 subsection 3 of the Regulations. Consequently, the newspaper was given permission to make film and audio recordings during the hearing.