Temporary loss of the right to use TikTok and Facebook is not in violation of freedom of speech

A man published several hundred videos on TikTok and Facebook, where he referred to several police prosecutors, judges, and court-appointed experts, as well as his daughter and ex-wife, in highly derogatory terms. The indictment concerned 37 different videos directed at participants in the judiciary and several videos directed at the daughter and the ex-wife.

In the Court of Appeal, the defendant was sentenced to one year of imprisonment for, among other things, obstructing the judiciary and reckless behavior. In addition, he was imposed a loss of rights in the form of losing the right to hold and use accounts on TikTok and Facebook for a period of three years. The case before the Supreme Court concerned the sentencing, including the loss of rights.

The Supreme Court concluded that the loss of rights should be limited to a period of one year and six months. This is compatible with both Article 100 of the Constitution and Article 10 of the European Convention on Human Rights (ECHR). The sentence was set at nine months of imprisonment.

The Supreme Court pointed out that the prohibition of prior censorship in Article 100 subsection 4 of the Constitution is media-neutral. It applies both to the control of individual expressions and other forms of prior control, such as control of media channels. The threshold for imposing a prohibition is high. In cases of interference of the type in this case, a balancing of interests must be struck, where the ban may be permissible when the purpose is to prevent otherwise irreversible damage that cannot be compensated by subsequent criminal liability. On these grounds, the Supreme Court found that the duration of the loss of rights could be set at one year and six months.

The judgment provides guidance on the scope of Article 100 subsection 4 of the Constitution on prior censorship and the power to prohibit the use of media platforms to prevent unlawful statements.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Criminal law

Key paragraphs: 49–51, 71–72

Justices: Matheson, Høgetveit Berg, Hellerslia, Sivertsen, Lund