1 Introduction
1.1 Why do we need a national strategy?
Freedom of expression is both an individual right and a prerequisite for a functioning democracy, as well as essential for exercising other fundamental rights, such as freedom of assembly and freedom of religion. Open and enlightened public discourse, with a free and independent press and academic freedom, strengthens society. Protecting freedom of expression is therefore an important part of safeguarding our national security. It also serves as a driver of innovation and progress by facilitating the free exchange of ideas, critique and new ways of thinking.
In Article 100 of the Norwegian Constitution, freedom of expression is grounded in three principles: truth, autonomy and democracy.
The principle of truth holds that the best way to arrive at the truth is through the exchange of opinions, where claims are tested and refined through engagement with other perspectives.
The principle of autonomy recognises that individuals must possess a certain level of competence to function as independent members of an open society. This competence is developed by engaging with others, listening to their arguments and considering alternative perspectives.
The principle of democracy requires important societal processes to be conducted with transparency, and opinions to be freely exchanged prior to elections and key decisions. This public discourse – which takes place in editorial media, on theatre stages, in literature, in schools and universities, and on social media and other digital platforms – is as fundamental to democracy as holding elections and participating in them.
This strategy outlines the Norwegian Government’s efforts to facilitate freedom of expression and a robust public sphere in Norway. Through this strategy, the Government continues and reinforces a long-standing democratic tradition, which has been enshrined as a constitutional duty since 2004.
Article 100, sixth paragraph, of the Norwegian Constitution requires government authorities to ‘facilitate open and enlightened public discourse’. This infrastructure requirement entails a responsibility to ensure freedom of expression in practice by ensuring that effective channels exist for the exchange of information and opinions in society. The preparatory works to the Constitution (Report to the Storting no. 26 (2003–2004), Section 7.6.2) highlight how this provision can help raise awareness of the authorities’ responsibility to ensure that freedom of expression is exercised in society. They also note that the provision imposes procedural requirements in cases where the authorities are considering measures that may impact on freedom of expression. At the heart of the infrastructure requirement is the duty of the authorities to act when the public sphere is not functioning in a way that supports the three principles underpinning freedom of expression.
Freedom of expression in Norway is, by and large, very well protected. In numerous international comparisons, Norway consistently has top ranking. Freedom of the press is unmatched, and in few countries there is such strong support in the population for freedom of expression as a core value. For the vast majority of people, expressing opinions and participating in public debate is now far easier than it was in the past. Opportunities to access information, knowledge and diverse perspectives seem virtually unlimited. A wide range of voices and viewpoints are now seen in public discourse, including from minority groups. Together, these factors play a central role in sustaining the strong sense of community and trust in Norwegian society.
However, this privileged position cannot be taken for granted. The framework conditions for public discourse in Norway are constantly being shaped by technological advances, global online platforms and a rapidly changing cultural, social and political context. Freedom of expression therefore requires continuous focus and active stewardship from political authorities, civil society and every one of us.
Open and enlightened public discourse is currently under pressure from many different quarters. The platform and data economy has given large technology companies considerable power over public discourse and challenged the democratic function of editorial media. The rise of digital forms of communication, where interactions are not face-to-face and participants can remain anonymous, has lowered the threshold for insulting, abusive or discriminatory discourse. Globally, superpower rivalries and geopolitical tensions increase the risk of hybrid threats, including disinformation, election interference and other forms of unwanted influence. The Norwegian Total Preparedness Commission concluded that Norway must prepare for a prolonged period in which it is continuously exposed to influence operations by both state and non-state actors. Furthermore, the digitalisation of society is making it increasingly difficult for those who are not digitally connected to participate fully. Those who struggle to access or use digital services and online platforms are effectively excluded from important public discourse.
Open and enlightened public discourse depends on as many people as possible having access to relevant and accurate information, opportunities to engage with issues they consider important, being informed when their interests are at stake, and having the opportunity to speak out when they deem it necessary. A society in which citizens are prepared in this way has what the Norwegian Commission for Freedom of Expression has termed ‘expression preparedness’.1 Expression preparedness exists when the public sphere functions in a way that promotes the seeking of truth, democracy and the individual’s freedom to form opinions.
The Norwegian Government facilitates freedom of expression and open and enlightened public discourse across many areas of society. This entails supporting the arenas in which ideas are communicated, shared and received, as well as promoting equality by removing barriers and reducing disparities so that everyone can participate and contribute across different social arenas. It involves fostering a healthy culture of expression, ensuring transparency, access to information and effective communication within public bodies, while safeguarding against unlawful and harmful speech. We must remain vigilant of threats that could undermine open and enlightened discourse, such as disinformation and polarisation, and ensure we have the knowledge needed to identify risks and emerging challenges early, so that preventative and targeted measures can be implemented.
The strategy is also part of the Government’s follow-up of the National Security Strategy, which describes ‘enlightened public discourse supported by a free and independent press and academic freedom’ as fundamental to Norway’s security interests.
The National Security Strategy identifies six fundamental security interests:
- A free and independent Norway
- A robust democracy
- A safe society with a high level of trust
- An open and adaptable economy
- Allied solidarity and unity in Europe
- A world that seeks solutions based on international law
Democracy, the rule of law and human rights are at the heart of who we are and what we stand for in Norway. Trust in one another and in the key public institutions strengthens our ability to withstand threats and influence attempts. Accordingly, a central objective of our security policy is to build a more resilient society. We all need to understand the threats we face, support public discourse through editorial media, enhance the public’s capacity for source evaluation and counter disinformation and covert influence attempts. We will ensure that regulatory frameworks keep pace with technological advances and that technology companies are effectively regulated, in close cooperation with the EU.
This is the focus of the strategy, which sets out principles guiding the Government’s overarching efforts in this area and highlights relevant priority areas and measures. The strategy is primarily based on the report from the Norwegian Commission for Freedom of Expression (NOU 2022: 9) and the consultation that followed. The Government works continuously in many different areas to follow up on the Commission’s assessments and recommendations.
1.2 Structure of the strategy
Chapter 2 focuses on the Norwegian Government’s efforts to meet the infrastructure requirement:
- Section 2.1: Infrastructure for freedom of expression – examines the key components of the infrastructure for freedom of expression and public debate, as well as the institutional prerequisites for exercising freedom of expression across different areas of society.
- Section 2.2: Culture of expression – focuses on the perceived framework for freedom of expression and how it impacts on people’s ability and willingness to participate in public debate and in society more broadly.
- Section 2.3: Transparency, access and participation – explores transparency and participation, including within public administration, as a prerequisite for informed public debate in general and for the role of editorial media in particular.
- Section 2.4: Unlawful and harmful speech – covers the use of prohibitive measures or other measures directed at specific forms of expression.
- Section 2.5: Distortion and manipulation of opinion formation – examines challenges such as disinformation, echo chambers and polarisation, and how these phenomena can distort, disrupt or undermine open and enlightened public discourse.
- Section 2.6: Knowledge – deals with the generation and dissemination of knowledge as a prerequisite for implementing targeted measures to protect freedom of expression, should the need arise.
Chapter 3 Norway and the world, examines how freedom of expression and public discourse in Norway are influenced by the international situation: geopolitical tensions, technological advances and global regulatory frameworks.
Chapter 4 From principle to practice, outlines the ongoing follow-up of the strategy.