Insults against fisheries inspectors were punishable

A crane operator at a fish landing plant in Finnmark made insulting and sexist statements to two female fisheries inspectors who carried out inspections at the plant, including a dialect statement that was understood as – and was intended as – an invitation to engage in sexual activity with the crew of a boat on site. The Supreme Court considered the statements to be obstruction against public officials by improper conduct under section 156 subsection 2 of the Penal Code. It was held that the provision had to be interpreted in the light of its purpose: to protect public interests and the performance of official duty. The decisive factor in the interpretation of the relevant statements is how the ordinary listener will perceive them, considered in the context in which they are made. Local jargon and cultural references may also be important. It was also held that freedom of expression enjoys modest protection in cases of improper conduct that insults public officials. The statements were also above the threshold for non-punishable tasteless utterances, considering the context in which they were made. The appeal against the judgment of the Court of Appeal, which had set the sentence at a fine of NOK 12,000, was dismissed. 

Read the whole judgment (Norwegian only) 

Area of law: Criminal law. Section 156 subsection 2 of the Penal Code. 

Key paragraphs: 20, 25, 43–45, 51–52

Justices: Bergsjø, Arntzen, Bergh, Sæther, Stenvik