Hate speech amendments shelved

Minister of Justice Maris Lauri. Photo: Tairo Lutter

Work on draft legislation to introduce tougher punishments for hate speech that was supposed to be completed by April 15 has been suspended in the wake of the coronavirus crisis and will not be reaching the government on time. The ruling Reform Party and Center Party have not agreed on whether the regulation should be amended at all.

The first 100 days plan of Kaja Kallas’ government included a task for the Ministry of Justice to prepare draft legislation to amend the Penal Code, Code of Criminal Procedure and Code of Enforcement Procedure to introduce tougher punishments for hate speech that would solve infringement proceedings the European Commission has brought against Estonia.

“The bill does not exist. I believe that says it all,” Minister of Justice Maris Lauri (Reform) said when asked whether any progress has been made.

No agreement in the coalition

Lauri said that the subject matter requires further debate and the involvement of more people. “The coronavirus crisis taking a sharp turn for the worse has made it impossible to hold the necessary debates and meetings with interest groups and other relevant institutions that would allow us to shape a common understanding of what could be the solution,” the minister explained, adding that this is why the bill has not been finished and might not land on the government’s desk on April 15.

New hate speech legislation is sought by the Reform Party and the [opposition]Social Democrats, while Isamaa and the Conservative People’s Party (EKRE) have been against. The position of the Center Party – that helped vote down a similar bill in December – remains unclear.

Chairman of the Riigikogu Legal Affairs Committee, Center Party deputy chair Jaanus Karilaid told Postimees in February that tougher hate speech legislation is included in the coalition agreement and that Center has promised to discuss the matter. “We need to agree on the problem we are trying to solve in that case,” the politician said back then.

In addition to preparations being shelved for now, the coalition lacks an agreement on whether and how to render legislation tougher. “There is no agreement today in a situation where the position of the Legal Affairs Committee is what matters. We have more important matters to attend to today – such as raising the age of sexual self-determination,” Karilaid said.

The MP did not answer Postimees’ question of whether Center is even willing to support tougher hate speech legislation.

Estonia has not adopted EU directive

Draft legislation sought would theoretically change the definition of hate speech and prescribe tougher punishments. Section 151 of the Penal Code prescribes a fine of €2,400 or detention for any person who incites public hatred, violence or discrimination against people based on nationality, race, skin tone, gender, language, origin, religious convictions, sexual orientation, political views or financial and social standing if such activity poses a threat to the person’s life, health or property.

If the same act has caused a person’s death, bodily harm or other severe consequences, the punishment is a fine or three years imprisonment.

The relevant EU directive prescribes that the initiation of incitement of hatred, the act of incitement and even aiding and abetting incitement of hatred needs to be criminalized and punishable by up to one year in prison. The European Commission launched infringement proceedings in late October. Estonia did not agree with the Commission’s claims and has rejected them.

The Ministry of Justice said in its reply communicated through the Ministry of Foreign Affairs that it does not agree with the Commission’s claims and that current legislation is sufficient.

The Commission has received Estonia’s reply and is in the process of analyzing it. Any future steps will depend on whether the Commission will find Estonia’s explanation satisfactory. No additional information has been received yet.

Minister Maris Lauri said that should the Commission be satisfied with Estonia’s answer and reasoning and terminate infringement proceedings, legislation will not be amended. She added, however, that she is not expecting the Commission to react favorably.

“What I mean is that the European Commission has been pointing to these problems for years and we have no reason to believe that stance has changed,” she remarked.