Conviction for contrubution to hateful statements

A party leader had encouraged young people associated with the party to post two videos on social media that the prosecuting authority considered to be hateful and therefore punishable. One of the videos targeted Jews, the other targeted Somalis.

The Supreme Court agreed with the Court of Appeal that the videos fall within the scope of section 185 of the Penal Code, and that the party leader, through his encouragement, had contributed to the videos being published. The Supreme Court emphasised that political leaders also have a duty to refrain from expressions that promote intolerance and hatred against ethnic groups.

In determining the sentence, the Supreme Court held that these matters, together with several hateful statements the party leader had made himself, collectively warranted a custodial sentence of 90 days. Because he was also convicted of aggravated social security fraud, the total sentence was set at 11 months’ imprisonment. Due to the lengthy case‑processing time, 6 months of the sentence were suspended.

The judgment clarifies the limits of complicity in hate speech and provides guidance on sentencing for such offences.

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

Area of law: Criminal law, freedom of speech, section 185 of the Penal Code

Key paragraphs: 23–25, 28–31, 49–50

Justices: Øie, Bull, Falch, Steinsvik, Steen