Defamation and Online Harassment Laws in Norway

Defamation in Norway is governed by a specific statutory rule: Section 3-6 a of the Damages Act (skadeserstatningsloven). Under it, a person who negligently makes a statement capable of harming someone else's sense of honor or reputation must pay compensation for the resulting harm. The section was added by the Act of 19 June 2015 No. 65 and took effect on 1 October 2015, the same day the 2005 Penal Code replaced the 1902 Penal Code.

Sources1Damages Act (skadeserstatningsloven), Section 3-6 a (Norwegian)2Act of 19 June 2015 No. 65 on the entry into force of the Penal Code 2005 (Norwegian)

The 2005 Penal Code took effect on 1 October 2015, and the 1902 Penal Code was repealed from the same date. The 2005 code does not contain a general defamation offense. It does punish related conduct, such as violating someone's privacy through a public statement (Section 267).

Sources2Act of 19 June 2015 No. 65 on the entry into force of the Penal Code 2005 (Norwegian)3Penal Code 2005 (straffeloven), full text and table of contents (Norwegian)4Penal Code (straffeloven), Section 267 (Norwegian)

Claims for damages, including compensation for non-financial harm, expire three years after the injured person learned, or should have learned, about the harm and who is responsible (Section 9 of the Limitation Act). There is also an outer limit of 20 years after the harmful act ended. The Act does not set different periods for written and spoken statements.

Source5Limitation Act (foreldelsesloven), Section 9 (Norwegian)

Section 3-6 a of the Damages Act does not sort defamatory statements into per se categories the way US law does. A court can award compensation for the loss suffered and for lost future earnings, and it can also order compensation for non-financial harm (oppreisning) in an amount it finds reasonable. If the person defamed had died less than 15 years before the statement, their closest relatives can claim compensation for non-financial harm.

Source1Damages Act (skadeserstatningsloven), Section 3-6 a (Norwegian)

Liability under Section 3-6 a requires negligence, and a defamatory statement does not create liability if it is considered justified after weighing the interests behind freedom of expression. The law tells courts to look in particular at whether the statement had a sufficient factual basis, how offensive it was, whether the targeted person's interests were protected (for example, through a chance to reply), whether public interest or other good reasons supported making it, and whether the speaker acted carefully and in good faith. Separately, Section 320 of the Penal Code says a person who accuses someone of a sexual offense in a criminal complaint, or as a claimed victim in a confidential conversation with someone it is natural to confide in, cannot be held liable under Section 3-6 a unless it was grossly negligent to believe the information was true.

Sources1Damages Act (skadeserstatningsloven), Section 3-6 a (Norwegian)6Penal Code (straffeloven), Section 320 (Norwegian)

Section 266 a of the Penal Code makes serious stalking a crime: repeatedly threatening, following, watching, contacting or otherwise pursuing someone through comparable acts in a way likely to cause fear or anxiety. It carries up to four years in prison. The text does not limit the means by which the contact happens.

Source7Penal Code (straffeloven), Section 266 a (Norwegian)

The Penal Code has no separate offense for online harassment, so abusive behavior online falls under general rules. Section 266 punishes anyone who pursues a person through frightening or annoying conduct or other reckless behavior, or otherwise violates another person's peace, with a fine or up to two years in prison.

Sources8Penal Code (straffeloven), Section 266 (Norwegian)3Penal Code 2005 (straffeloven), full text and table of contents (Norwegian)

The Penal Code has no offense named doxxing. Publicly revealing private matters about someone may fall under Section 267, which punishes violating another person's privacy through a public statement with a fine or up to one year in prison. The section does not apply to people who only gave technical help or distributed a magazine, periodical or broadcast produced in Norway.

Sources4Penal Code (straffeloven), Section 267 (Norwegian)3Penal Code 2005 (straffeloven), full text and table of contents (Norwegian)

Section 267 a of the Penal Code makes it a crime to share, without authorization, an image, video or audio recording of an offensive or clearly private nature, such as material showing someone's sex life or intimate body parts. It carries a fine or up to one year in prison, or a fine or up to six months for grossly negligent sharing. Serious cases carry up to two years in prison under Section 267 b.

Sources9Penal Code (straffeloven), Section 267 a (Norwegian)10Penal Code (straffeloven), Section 267 b (Norwegian)