The case has been updated with new comments.
Finansavisen writes that the investor is furious after someone created the Twitter profile “Øystein Spray Petalen” (see screenshot below). In other words, the investor’s name is parodied, and the user emphasizes that the profile is a parody with a touch of seriousness. The new account was created in September, and during this time the user has gained almost 2000 followers.
– I tolerate irony, but when you go to my family, then I will promise you noise, Spetalen starts to Finansavisen.
– But when you steal photos from closed Instagram accounts, from my wife and my children, then there is trouble, he continues, and promises:
– You’ve been chasing me, but now I’m chasing you. I will find out who you are, says the investor. The threat has obviously helped, because when you now click on the link, the account is removed.
The leper promised earlier today to use his own methods to identify the person, but promised to stay within the law. He was still clear on what awaited him:
Read also: Øystein Stray Spetalen warns green investors: – They will lose all their money
Unpleasant
– You have one opportunity, and that is through the day. If not, I promise you that you will experience very unpleasant surprises in the future. You have attacked my family, and it does not go unpunished, says a furious investor to Finansavisen.
In the false profile, it is ironic, among other things, that people who do not have a profession are in a café. The irony plays on Spetalen’s statements to Nettavisen barely two months ago.
The leper then rallied that you can walk around Oslo today and look at all the coffee latte bars. There are adults from 30-50 years sitting at the coffee bar all day.
– There are people who do not have a profession, who have nothing to go to.
Also read: Filleristes av Spetalen: This the newspaper refused to publish
Not punishable, but …
The Twitter account has been removed. But what would the person have risked if the account had been left standing? The online newspaper has presented the issue to one of Norway’s foremost experts in law and social media, lawyer Jon Wessel-Aas in Lund § Co
He points to that Section 202 of the Penal Code makes it a criminal offense to act with another’s identity or an identity that is easy to confuse with another’s. But this applies if it is done to achieve unjustified gain or inflict another loss or inconvenience.
– That provision will not affect an obvious parody account such as the current Twitter account, where it appears quite obvious that it is not Øystein Stray Spetalen’s own account, Wessel-Aas writes in an e-mail to Nettavisen. However, it is not free.
Also read: The Facebook nightmare: – Something I think we have never seen before
Compensation
Wessel-Aas writes that using another person’s personal image in that way, without the consent of the person in question, can in itself be both tortious and punishable under section 104 of the Copyright Act.
But here there must also be a balance against freedom of expression, which can protect the right to parody and satire directed at people who themselves have a prominent role in the public. The prerequisite is that the focus is also on the person’s public role.
But Spetalen also strongly argued that the current account also mentioned his private and family law. The fake user shared photos of Spetalen’s family members, and according to Wessel-Aas, this in itself could both violate their right to protection of their own personal image. In addition, it may violate the photographer’s right to use the photograph.
– Depending on how far such an account goes in pursuing the person who is being parodied and the person’s family members, the Penal Code section 266 on ruthless behavior will also be relevant, the legal expert writes.
Hitler comparison
In the same interview with Nettavisen, Stray hammered Spetalen loose on the left and drew parallels to Nazi Germany. He thinks there are many revenge voters in Norway, many who vote out of revenge.
According to Spetalen, SV’s most important message today is to take the rich, it’s the end of the rich’s trip, not how ordinary people should get better. They appeal to envy and revenge.
– It’s a bit like Adolf Hitler did in the 30s in Germany, to take the Jews. They controlled the banks, they controlled the business community, and they controlled the cultural life. The reason you are kept down is the rich, good Jews.
Desperate
The statement made SV leader Audun Lysbakken react strongly. Confronted with the statements, Lysbakken replies that he is used to Spetalen coming with desperate attacks on him and SV and is usually in a good mood from this
– The reason why he spends so much time on this, is that he knows that SV means business when we say that the tax party for the rich is over, and that we can have the power to ensure a fairer distribution in Norway. When Spetalen attacks SV, it just shows that we are on the offensive.
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