Estonia

 CountryType of Law 
 
 

Criminal Defamation

No provisions.

Criminal Defamation of Public Officials

Insult of representative of state authority (Criminal Code Art. 275): (1) Insult to a representative of state authority protecting public order in connection with performance of his or her official duties is punishable by a fine of up to 300 fine units or by detention. (2) The same act, if committed by a legal person, is punishable by a fine of up to €3200.

Defamation of representative of state authority (Criminal Code Art. 2751): (1) Defamation of a representative of state authority in connection with performance of his or her official duties is punishable by a fine or up to two years’ imprisonment. (2) The same act, if committed by a legal person, is punishable by a fine

Insult of court or judge (Criminal Code Art. 305): (1) Insult of a court, judge or lay judge in connection with their participation in administration of justice is punishable by a fine of up to 300 fine units or by detention. (2) The same act, if committed by a legal person, is punishable by a fine of up to €3200.

Defamation of court or judge (Criminal Code Art. 3051): (1) Defamation of a court, judge or lay judge in connection with their participation in administration of justice is punishable by a fine or up to two years’ imprisonment. (2) The same act, if committed by a legal person, is punishable by fine.

Criminal Defamation of the Head of State

No provisions.

Criminal Defamation of the State and its Symbols

Defamation of official symbols (Criminal Code Art. 245): (1) A person who tears down, damages, profanes or otherwise defames the Estonian flag, national coat of arms or any other official symbol of the Republic of Estonia, or defames the national anthem, is punishable by a fine or up to one year’s imprisonment. (2) The same act, if committed by a legal person, is punishable by a fine.

Criminal Defamation of Foreign Heads of State

Defamation and insult of persons enjoying international immunity (Criminal Code Art. 247): (1) Defamation or insult of a person enjoying international immunity or of a family member of such person is punishable by a pecuniary punishment or up to two years’ imprisonment. (2) The same act, if committed by a legal person, is punishable by a fine.

According to legal experts, this provision would include protection for heads of state or government and their family members according to diplomatic conventions as well as representatives of international organisations who enjoy diplomatic protection. Legal commentary on this article indicates that its primary justification is the protection of Estonia’s international relations.

Criminal Defamation of Foreign States and Symbols

Defamation of official symbols of foreign state or international organisation (Criminal Code Art. 249): (1) A person who tears down, damages, profanes or otherwise defames the national flag, national coat of arms or any other official symbol of a foreign state, or an official symbol of an international organisation, or defames the national anthem of a foreign state, is punishable by a pecuniary punishment or up to one year’s imprisonment. (2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

Criminal Defamation of the Deceased

No provisions.

Criminal Blasphemy

No provisions.

Criminal Statistics

N/A

Criminal Defamation and Media

N/A

Recent Legal Changes

N/A

Notes and Acknowledgements

Information for Estonia was originally collected by IPI as part of the “Out of Balance” report, published in January 2015 with support from the European Commission and incorporating research contributed by Center for Media, Data and Society at Central European University in Budapest and by the SHARE Foundation in Belgrade. This entry was later expanded and updated by IPI as part of a study commissioned by the Office of the Representative on Freedom of the Media of the Organization for Security and Co-operation in Europe (OSCE).

A fully footnoted version of this entry is available in the OSCE study. This entry was last updated in March 2017.

 

The information contained in this database is for informational and advocacy purposes only. If you are a journalist facing a defamation claim, you should seek legal advice from a qualified attorney. However, if you are unable to find such an attorney, IPI may be able to assist you in doing so. Please contact us at info(at)ipi.media.

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