Racist remarks by Progress Party adviser not criminal, says lawyer

A racist statement made by Progress Party (FrP) adviser Hårek Hansen in a private setting is not a criminal offence, according to lawyer John Christian Elden, who clarified the legal position after Labour Party veteran Aslam Ahsan filed a police report against Hansen.

Elden, writing on X, stated that racist remarks are only punishable under Norwegian law if made publicly—defined as in front of roughly 20 people—or directed at someone personally affected by the statement. The lawyer added that even if media later publish the remarks, this does not make them criminal.

“A privately made statement is not punishable. The fact that media later spread it publicly does not make the statement criminal,” Elden told Dagbladet, referencing legal definitions from the Ministry of Justice and the Supreme Court.

The controversy follows a hidden recording published by TV 2, in which Hansen, during a conversation with two journalists at an Oslo bar, referred to Pakistanis as “minus variants” and suggested they should not have children in Norway. Ahsan, an 84-year-old Labour Party figure, confirmed on Sunday that he had reported Hansen for violating Section 185 of the Penal Code—the so-called racism clause.

Elden noted that if Hansen had known the journalists would publish his remarks, the case could be prosecuted, citing a precedent involving Vigrid leader Tore W. Tvedt, who was convicted for using VG as a platform for racist statements.

FrP leader Sylvi Listhaug initially distanced herself from Hansen’s comments during the party’s national conference but later called them racist in a press release. Venstre deputy leader Abid Raja criticised Listhaug for failing to immediately label the remarks as racist, writing: “She cannot call a spade a spade. She cannot say that calling Pakistani children ‘minus variants’ who should not have been born is racism.”

FrP Secretary General Helge Fossum confirmed to NTB that the incident is now being treated as an internal personnel matter. Hansen serves as an adviser to MP Simen Velle, who also condemned the remarks.

Prime Minister Jonas Gahr Støre and Conservative leader Ine Eriksen Søreide were among politicians who strongly criticised the comments over the weekend.