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Norwegian laws limiting freedom of speech
Constitution §100 Freedom of print should be found. No one is to be punished for any printed material, whatever the content, he had printed or published, unless he willingly or unknowingly has shown, or agitated others to, disobeying the laws, contempt of; the religion (the Lutheran church), common decency, constitutional powers, resistance against the commandments of the authorities or has made unjustly and insulting accusations against someone. Bold statements about the Government and any other Object is allowed to anyone. - A proposal to change §100 has just been passed by a unified Norwegian Parliament. The new proposal opens for further limitations of the freedom of speech/print.
Criminal legislation
§142. Those that, in words or action, publicly mock or in a hurting or violating way shows contempt of anyone’s religion, which is allowed in the kingdom, or the teachings of those religions or the worshipping of their god(s), or any who is accessory, is to be fined or imprisoned for up to 6 months. - This paragraph has been asleep for the last decades, but might gain new popularity in cases relating to statements about Islam.
§135: With fines or imprisonment up to 1 year is punished anyone who endangers common peace and order by publicly mocking of, or agitating for hate against, the government or any public office or by agitating one group of the population against another, or is an accessory. - Could be used to press charges against persons mocking public persons representing the government - could also be used against "anti-Muslim agitation". However those statements must be followed by a threat to peace and order, for example riots or risk of such.
§135a With fines or imprisonment up to 2 years is punished anyone who by public statement - or in any other way made accessible to the public - or any other notice, hereunder the use of symbols, threatens, mock, or expose of hate, persecute or contempt a person or group of persons on grounds of their religious beliefs, race, skincolor or national or ethnic origin. This also applies for volitions against anyone on grounds of their homosexual orientation, life situation or orientation. - 135a includes a swastika-prohibition and prohibition of agitation for racist organisations. In Norway there is no precedence when it comes to symbols. Convictions exist for (among others) the following statements: "Immigrants kill and rape Norwegians", "Immigrants bring EIDS (not our misspelling) with them" "Pakis are cowards" and the verdict against Jack Erik Kjuus who included in his party program a paragraph stating that adopted children should be sterilized.
§ 140 Anyone who publicly agitate for a criminal act or glorify such an act or offers to conduct or assist in such an act, or is an accessory to the mentioned is punished by fines or imprisonment up to 8 years. - Includes agitation for; armed rebellion/revolution, riots, illegal strikes, racist acts, discrimination, violence against police officers (hereunder rap music) though is very seldom used for these purposes.
§ 95 Anyone who in the kingdom mock a flag or symbol of a foreign power or is an accessory is fined or imprisoned up to 1 year - Includes flag burning
§ 104a Anyone who forms, takes part in, recruit to or support a private organization of militant form is imprisoned for up to 2 years. If the organization has stored arms or explosives, has members less than 18 years of age or makes use of minors during confrontation, or if other aggravating circumstances is present imprisonment up to 6 years can be used. - Has been used two times in Norwegian history, one time in the 90-ies against a band of neo-nazis and skinheads (after which the 18 years of age-rule came into be) and in 2003 against a Muslim mullah, a member of Ansar al-Islam (even though the latter had comitted this crime outside the borders of the Norwegian kindom). |
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