Anniken Haldna: Advertising anarchy on digital platforms
The Advertising Act lays out restrictions, rules and oversight mechanisms for marketing. On paper, everything seems to be in place to catch violators. In reality, the situation is very different — especially on digital platforms, where chaos reigns and where large numbers of young people are active, writes Anniken Haldna.
A recent Levila video and Brent Pere's commentary have once again highlighted a painful truth: TikTok, which around 400,000 Estonians use — including young and vulnerable audiences — is effectively an unregulated space.
Estonian authorities do not have unrestricted access to one of the world's most popular platforms, and therefore, they also lack a complete overview of what's happening there. It's roughly equivalent to having just one security guard at a massive rock concert during the Song Festival.
At the same time, TikTok hosts posts by companies and influencers that, for example, would be banned as outdoor advertisements. Some TikTok videos made by Estonians reach larger audiences than "Aktuaalne kaamera," yet the state lacks proper oversight and the capacity to respond quickly.
This gap clearly shows that the current advertising regulations do not meet the fast-changing demands of today's market and the evolving digital world.
This isn't the first time I've brought this up. The Estonian Marketing Association's experience confirms the need to strengthen cooperation between the state and industry stakeholders and to support co-regulation. This would be a flexible, responsive and professional mechanism that complements state supervision.
This isn't a revolutionary step by global standards. International models already exist and work. The ICC Advertising Code is successfully implemented by organizations in the United Kingdom, the Netherlands, Ireland and many others — across 26 European countries in total. These institutions serve as living proof that co-regulation is both effective and trustworthy.
That's why the Estonian Marketing Association (TULI) is advocating for the creation of a new organization: the Estonian Advertising Foundation (ERSA). Our goal is to establish an industry-based co-regulation platform. ERSA would not replace the state but would enhance and support oversight by offering access to data platforms that the state currently cannot reach.
ERSA would provide professional ethical and advertising assessments and enable quick responses to market changes. It could also take on the task of educating the market and ensuring that we don't fall behind the times.
Such a move would have several benefits: it would ease the burden on state supervision, reduce political tensions that can hinder thoughtful regulation and ensure that advertising oversight is based on both freedom of content and the ethical standards of the market.
ERSA would also enable rapid adaptation and integration into the European co-regulation network, EASA. All of this supports the sustainability of local media and strengthens our information security — which in turn upholds the integrity of our society and the resilience of our freedom of speech.
Why don't we just drop the issue? Why don't we give up? Levila's recent article showed that we are nearly powerless in the face of digital platforms' dynamics and capabilities and that oversight measures often amount to little more than handling complaints.
If even experts and officials, those who are supposed to monitor such content, can't see TikTok ads, it's clear that the state cannot ensure proper control with its current tools. ERSA would return that control — not through censorship or restrictions, but through sector-specific, responsible regulation and swift problem-solving.
This isn't just about the advertising market. It's a matter of free speech, the integrity of the public information environment and national security. It demands a smarter and more modern approach. Estonia needs effective and trustworthy regulation. The current solution is not enough.
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Editor: Marcus Turovski
