Man deprived of the right to have a Snapchat account for two years as a result of sexual offenses against children

The Court of Appeals had set the sentence for violations of sections 302 and 305 of the Penal Code to one year and one month of imprisonment. The offenses partially consisted of exchanging sexually offensive images on the messaging service Snapchat, and the defendant was also sentenced to the loss of the right to have a user account on Snapchat for two years, see section 56 subsection 2 (b) of the Penal Code. The Supreme Court did not consider the clarity requirement in Article 96 of the Constitution and Article 7 of the ECHR as an obstacle to imposing the loss of the right to use Snapchat. The loss of rights was also not in violation of the right to freedom of expression and respect for family and private life, see Articles 100 and 102 of the Constitution and Articles 10 and 8 of the ECHR. In its individual assessment, the Supreme Court found that public interests supported the loss of rights. Decisive importance was attributed to the need to protect minors from such use of social media as was involved in the case. The defendant’s appeal against the Court of Appeal’s sentencing was dismissed. The judgment provides guidance on the prohibition of use of social media as a loss of rights.

Read the whole judgment (Norwegian only) (PDF)

Areas of law: Criminal law, human rights. Section 56 of the Penal Code, Articles 100 and 102 of the Constitution, Articles 8 and 10 of the ECHR. 

Key paragraphs: 18, 23, 28, 29, 31, 36

Justices: Indreberg, Falkanger, Bull, Bergh, Thyness