From October 10, the European Union regulation on political advertising transparency will take effect in Estonia. This means that all political advertising must be clearly labeled and some protests will also fall into this category.

The regulation is designed to ensure citizens are better placed to make informed choices in elections. The EU says it will make it easier for citizens to recognize political advertisements, them understand who is behind them and
allow them to know whether they have received a targeted advertisement.

Exactly who will enforce the new regulations has not yet been specified in law. A draft law is making its way through the Riigikogu, but it will not have passed by the time it comes into effect on October 10.

This means enforcing the law defaults to the police (PPA).

Henry Timberg, head of the law enforcement and criminal proceedings department at the Ministry of the Interior, told ERR the PPA can carry out supervision, but expertise may be lacking.

"The police do not actually have internal knowledge or skills to deal with regulations and activities in the field of advertising. But we have assessed that if necessary, the police will act as a general law enforcement authority," he said.

Timberg said in such cases, the knowledge and assessments can come from the Ministry of Justice, the Ministry of Economic Affairs and Communications, and the Consumer Protection and Technical Regulatory Authority (TTJA).

"We are also considering whether TTJA could officially assist with supervision, for example, by providing operational support," he said.

Protests will not be broken up

The new requirements apply equally to advertising online, in the streets, and at rallies.

"Supervision will also have to take place in the same way. The activity will be assessed, and then the authority will issue an opinion on whether there is an element of political advertising or not," Timberg said.

However, determining who will classify whether a particular demonstration constitutes political advertising and how is more difficult. He said information will be sought from the ministries and TTJA.

"We would like to receive clearer guidance on how to handle these matters," Timberg said.

In the case of protests, the PPA would follow the current state rules, which means going to the site if there are suspicions that regulations have been broken.

"No, that does not necessarily mean dispersing the demonstration. It is possible to give instructions and orders on the spot. For example, if it is found that something constitutes political advertising, it is possible to quickly and directly put up the necessary labels or mark it in some other way," Timberg said.

"The aim is not to disperse demonstrations or remove advertisements. The goal is to ensure transparency of political advertising. I would not go to such extremes as saying that advertising will immediately be removed or that demonstrations will be dispersed," the official added.

More work before local elections?

The changes will take effect on October 10, nine days before election day.

Timberg said this should not create a lot of extra work for the police or any other supervisory authority in that short period.

"Looking at the assessments and positions of the Ministry of Justice and the Ministry of Economic Affairs and Communications, all advertisements that have already been published or submitted for publication before that date will not fall directly under this regulation. This eliminates a large portion of advertising that has either already been ordered, submitted, or published," he said.

"But yes, it is possible that in the run-up to the local elections there could be events or cases where violations are reported or something needs closer investigation. That is why we are considering whether it would be reasonable to formally involve TTJA in supervision early on, so they could assist with their expertise in providing assessments," Timberg added.

--

Follow ERR News on Facebook and Twitter and never miss an update!