Freedom of expression in working life

What is the situation really like for freedom of speech in Norwegian workplaces? And what should be done so that employees dare to express themselves freely? These are among the questions that the Freedom of Expression Commission is dealing with in the report that was presented during the Arendal Week 2022.

On Monday 15 August 2022, the Freedom of Expression Commission presented the Official Norwegian Report "An open and enlightened public conversation" (NOU 2022: 9). The report examines the state of freedom of expression in today's Norway and what measures can be used to strengthen freedom of expression.

Despite the fact that working life was not explicitly mentioned in the commission's mandate, the topic has nevertheless been allocated a separate chapter in the report. According to the commission, this is because working life is a field with great variations and challenges when it comes to freedom of expression. In order to remedy the situation, the Freedom of Expression Commission proposes, among other things, changes to the Working Environment Act and the Public Administration Act.

Freedom of expression in working life - what is the status?

Freedom of expression is protected by both the Constitution and several international conventions. The clear starting point is therefore that everyone can express themselves however they want and about what they want - also within working life. Various surveys show that many employees feel that they have limited freedom of expression. This applies to both the public and private sectors and employees at different levels in the hierarchy.

This type of culture of expression - where critical expressions are perceived as unwelcome - can have many reasons. The Freedom of Expression Commission points, among other things, to the focus on reputation thinking and to misconceptions about how far the duty of loyalty to the employer actually goes. Other factors can be lack of job security, for example temporarily employed employees who refrain from speaking out because they want to increase the chances of extended employment.

According to the Freedom of Expression Commission, it is disturbing that so many workers and professionals are restraining themselves, and that the development is going in the wrong direction. The commission points out that the exchange of opinions and criticism in working life means that important information, assessments, and arguments are brought to the fore. It can lead to better decisions, improvements in the workplace and errors or deficiencies being uncovered and corrected.

According to the commission, the perceived limitations mean that society misses out on voices from people who have insight and experience in important areas, and that working conditions do not become the subject of public debate to the same extent as other topics.

The Freedom of Expression Commission's proposal

In order to better facilitate real freedom of expression in working life, the Freedom of Expression Commission proposes:

• To add a new clause in the Working Environment Act § 4-3 (which applies to the employer's responsibility for the psychosocial working environment) that the employer must facilitate a good environment for expression in the business. The change will help ensure that freedom of expression in the workplace becomes part of the company's systematized work with the working environment.

• Amending the Public Administration Act to show that the duty of confidentiality of public servants does not prevent information from being shared with the media or others who will use the information to inform the public about a matter of general interest. The change should make it clearer which "leaks" of classified information are permitted.

• To specify in the Public Administration Act that public servants are allowed to notify the media without first notifying internally.

In addition, the Freedom of Expression Commission encourages the use of several "soft" measures, including that guides and guidelines for various workplaces should be formulated in a way that makes it clear that freedom of expression is the starting point, and that it is the exceptions to this starting point that must be justified.

The commission also encourages systematic work with the culture of expression in working life, through among other things, campaigns, and skills development at various workplaces and in working life organisations.