Proposed Amendments to Article 100 of the Norwegian Constitution

July 6, 2015 – 07:26 am
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Article 100 from the Norwegian Metabolic rate of 1814 enshrines the key of freedom of expression.

In 1999, the Commission on Freedom of Expression presented its final report. The report features a broad discussion of freedom of speech along with a proposal regarding several changes to Article 100. According to this report, the Norwegian Government captured launched a Eco-friendly Paper (Stortingsmelding), that presents its very own proposal for changes to Article 100. In certain aspects, the federal government proposal coincides with this from the Commission, in other aspects it differs. The Eco-friendly Paper includes plans for changes to freedom of speech legislation around the non-constitutional level.

The Government's proposal continues to be belittled by a number of bloggers. This critique continues to be directed partially for the amendment process itself, allegedly undermining the general public debate for this real question, partially for the content from the proposal. Regardless of this, there appears to become a sufficient majority inside the Parliament towards the federal government proposal. Parliament is because of cope with the problem on 30 September this season. A listing of the items in the federal government proposal is offered below.

The Federal Government provides abolish the present legal prohibit on political advertisements on television. Such advertisements shall, however, be susceptible to legal restrictions.

However, the federal government doesn't offer include commercial expression underneath the constitutional protection of freedom of expression. It has been belittled, both since the protection of freedom of expression underneath the European Convention on Human Privileges goes further, and since this type of delimitation from the scope of Article 100 can lead to considerable practical challenges (namely drawing the road between commercial and non-commercial expressions).

The Eco-friendly Paper supports a strengthening from the protection of employees' freedom of expression, including rules safeguarding "whistle coming" etc. However, for that present, no concrete plans can be found in connection with this.

The Federal Government further proposes a increased constitutional protection against being held responsible for defamatory expressions. This isn't specifically mentioned within the suggested wording of Article 100, however a revision from the criminal defamation law is introduced within the Eco-friendly Paper. If this involves racist expressions, however, the federal government supports a limitation from the freedom of expression. It's contended within the Eco-friendly Paper the suggested new Article 100 should give room for any strengthening from the criminal law protection against racist and hateful expression.

The Eco-friendly Paper claims that the federal government would like to abolish prior censorship of flicks intended for adult audiences (although not of flicks intended for child audiences). However, the suggested wording of Article 100 doesn't stop prior censorship, except if this involves written expression. Aside from written expression, prior censorship will be in conjuction with the Metabolic rate, so long as "weighty grounds render such censorship necessary, considered from the rationales behind freedom of expression".


Source: merlin.obs.coe.int

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