Hate speech to be banned in Estonia only in cases of major threat to society
Minister of Justice Liisa Pakosta (Eesti 200) has sent for interministerial coordination rounds a bill which would criminalize hate speech in Estonia.
The bill supersedes an earlier law which stalled at the Riigikogu, and also codifies in domestic law the EU law on the issue.
Delays in drafting mean the original planned entry into force date of early 2026 may be delayed.
The bill amending the Penal Code and the Code of Criminal Procedure alter the provisions concerning incitement to hatred so that any publicly made call for discrimination, hatred or violence on the basis of nationality, race, skin color, national origins or religious beliefs and now also disability is punishable as a criminal offense, if the call is done in a manner which endangers public security.
In addition, a motive of hate will constitute an aggravating circumstance in an offense, under the changes if they pass into law.
Hate speech against those with disabilities added to list
Incitement to hatred on other grounds would continue to be treated as a misdemeanor, but it would also become viable to punish, as a misdemeanor, incitement to hatred against people with disabilities, something which the law previously did not provide for.
The EU laws against hate speech date back to 2008, while Estonia was required to transpose this decision into domestic law by 2010. However, this was not done, meaning infringement proceedings have been initiated against Estonia, which could have resulted in a fine.
The bill brings Estonia's criminal law into line with EU legal obligations, though according to the explanatory memorandum this is not the sole reason for the change.
Incitement to hatred is also prohibited under the Estonian Constitution, while any view that the right to freedom of speech brings with it a right to incite hatred is, according to the bill, an erroneous one.
Minister: A single tweet would not constitute hate speech in law's understanding
Speaking to ERR radio show "Vikerhommik" Monday, Pakosta stressed that incitement to hatred concerns only cases which are adjudged to present a danger to society as a whole.
"A single tweet somewhere on social media absolutely does not qualify as that; people can unfortunately say nasty things to each other, but that is not punishable in any way. It remains a matter of each individual's conscience," Pakosta stressed. "I am not recommending anyone do it, but people really are not put in prison for that." In other words, the law does not concern mere rants, but situations where people have, figuratively speaking, already picked up the pitchforks and scythes, according to the minister.
The bill's explanatory memorandum states that incitement to hatred undermines public security and exiles people from society too.
In addition to violating individual human rights, incitement to hatred also negatively affects democratic discourse and the functioning of the rule of law too.
The bill also points out that incitement to hatred and violence on an international scale, such as made via Russian public propaganda channels and against Ukrainians, serves to illustrate that this is not just an abstract thing, and shows how far hatred can go if left unchecked.
Legal entities could be fined up to €100,000
The bill would allow for any person found guilty of inciting hatred or violence to be fined up to 300 fine units or sentenced to detention.
If the offense is committed by a legal person, ie. an entity or organization, the fine could be up to €100,000.
Debates over legislation on hate speech in Estonia has been ongoing for years now.
A bill approved by the government in 2023 passed its first Riigikogu reading at that time, but then stalled, only now to reach coordination rounds with stakeholders again.
Pakosta noted that the Penal Code currently provides for a fine or, in extreme cases, detention, for incitement to hatred.
Under the new bill, however, the most serious cases — including hate speech based on nationality, race, skin color or religious belief — would be punishable by imprisonment.
"People are capable of attacking each other solely because their religion is different, or their skin color or nationality is. To prevent this, since it is always preceded by the incitement of crowds, such incitement should be punishable by imprisonment," Pakosta went on, adding that such incitement often involves online mobs in the form of social media.
Bill was included in Reform-Eesti 200 coalition pact
Unlike the earlier bill that became stuck at the Riigikogu, Estonia is, according to Pakosta, transposing what has been agreed at the European level very precisely in the current bill, yet without going too far.
This has also been laid down in the Reform-Eesti 200 coalition agreement signed in the spring.
Incitement to hatred on the basis of gender identity will also remain illegal and may be punished with a fine or, in extreme cases, detention, though not full imprisonment.
The bill and its explanatory memorandum states the plan is it would enter into force in early 2026.
However, Britten Torstenberg, head of media relations at the Ministry of Justice, said that since the bill has been preceded by years of debate, analyses and roundtables, its input had been prepared much earlier, meaning the dates contained in them are no longer accurate.
"We will now see how the legislative process proceeds and set a new entry-into-force date," Torstenberg noted.
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Editor: Andrew Whyte, Karin Koppel
