TMT 2025

NORWAY Law and Practice Contributed by: Kari Gimmingsrud, Stian Hultin Oddbjørnsen and Andreas Bernt, Haavind

10. Social Media 10.1 Laws and Regulations for Social Media Freedom of expression in Norway is enshrined in Section 100 of the Norwegian Constitution, Arti - cle 10 of the European Convention on Human Rights (ECHR) and Article 19 of the UN Covenant on Civil and Political Rights (ICCPR). The con - ventions apply as Norwegian law (cf the Human Rights Act). Freedom of expression may only be restricted where there are “particularly weighty considerations”, and only if such considerations make it justifiable in relation to the grounds for freedom of expression (cf Section 100, third par - agraph of the Norwegian Constitution). In Norway, the following acts are most relevant to social media: • the Marketing Control Act came into effect in 2009 and governs advertising and marketing practices on social media, ensuring they are not misleading or aggressive; • the Personal Data Act was implemented in 2018 and incorporates the GDPR into Norwe - gian law, providing a comprehensive frame - work for data protection and privacy on social media platforms; and • the Electronic Communications Act came into effect in 2025 and regulates electronic communications in Norway, including aspects relevant to the use of cookies and person- to-person communication services by social media platforms. In Norway, the age limit for consent is 13 under Article 6(1)(a) of the GDPR in connection with information society services (Article 8).

Making discriminatory or hateful statements in public is a criminal offence. Hateful state - ments include threatening or insulting some - one because of their skin colour, ethnicity, reli - gion, beliefs, sexual orientation or identity. Hate speech that is published publicly – eg, via posts published on social media – is punishable by a fine or imprisonment for up to three years under Section 285 of the Norwegian Penal Code. The key challenges of social media in Norway include: • the spread of misinformation, disinformation, influence and propaganda; • sexual abuse of children under the age of 14, with a 2024 report from the police showing that such abuse increasingly starts on social media; and • cyberbullying of children. 10.2 Regulatory and Compliance Issues In Norway the regulatory bodies are the Data Protection Authority ( Datatilsynet ), the Consum - er Authority ( Forbrukertilsynet ) and the Police. Enforcement actions include the issuing of warn - ings, reprimands, orders, administrative fines, coercive fines and damages for non-economic loss. In 2022, the Norwegian Data Protection Author - ity imposed a record-breaking fine of NOK65 million on the dating app Grindr. Grindr took legal action, but Oslo District Court upheld the decision in 2024. The verdict has been appealed to the Court of Appeal and is not yet closed.

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