Permit for photography and audio or video recording during the main hearing in a criminal case
Wherever possible, applications for permission for photography or film, radio or television recordings during main hearings in criminal proceedings must be submitted to the court before the main hearing begins. The application must state the purpose of the photography or recording and how the photography or recording is to be carried out during the main hearing. The application must be submitted to the court that is considering the case. The court will then reach a decision on the application.
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Norwegian Act No 5 of 13 August 1915 relating to the courts of justice Section 131(a) first paragraph first sentence and Section 131(a) second paragraph.
The procedure is regulated by the Regulations on photography, audio and video recordings for radio or television during the main hearing in a criminal case. Insofar as it is possible, applications for a permit for photography or audio or video recording for radio or television during a main hearing in a criminal case shall be sent to the court before the main hearing commences. The application shall state the purpose of the photography or recording and describe how the photography or recording is intended to be carried out during the main hearing. The application must be addressed to the court which has the criminal case for consideration, and will be settled by this Court.
Before a decision is made concerning photography or recording during a main hearing, the parties to the case shall have the opportunity to state their opinions. If other participants in the case also wish photography or recording to take place, they shall also have the opportunity to state their opinion before the court decides whether or not to grant a permit for such photography or recording.
The Court may impose further conditions on how photography or recording is to take place, and ensures that it is conducted in a satisfactory manner within the limits set.
Criteria/conditions:
It is generally prohibited to photograph or make film or audio recordings for radio or television during criminal case proceedings.
When warranted for special reasons, the court can grant exemption from this prohibition during the main hearing provided that this cannot be expected to have an unfortunate effect on the proceedings and other considerations do not preclude it.
Remarks:
An application should be submitted as soon as possible and well in advance of the main hearing. The permission applies to photography, filming, and recordings for radio or television in a specific criminal case.
In practice, the legal provision is understood to also apply to applications for permission during an appeal hearing.
There are no formal requirements for how the application is presented, but it should be in writing.
Fee:
The application process is not subject to a fee.
Right of appeal:
A person affected by and disagreeing with the court's decision may appeal to a higher court. There are certain limitations on the right of appeal. The deadline for filing an appeal is two weeks, and the appeal must be declared to the court that made the decision.
A fee must be paid for an appeal against a rejection of an application for permission, according to the provisions in the Act on Court Fees.
