The draft amends the penal code. Public incitement to hatred or violence based on nationality, race, or religion is now a crime if it threatens society. Incitement to hatred becomes easier to punish.
Previously, hate speech was a misdemeanor. Now, incitement to hatred against people with disabilities can also be punished. The European Union banned hate speech already in 2008. Estonia did not do so and now may face fines.
The draft brings Estonian laws in line with EU law. The Constitution does not allow incitement to hatred. Freedom of speech does not grant the right to incite hatred.
Minister of Justice Pakosta said that the law concerns only dangerous cases. A single bad word on social media is not a crime. People will not be imprisoned for simple insults.
The explanatory memorandum states that hate speech harms society. It prevents people from participating in society. For example, Russian propaganda against Ukrainians shows how hatred can lead to violence.
The legislative debate has lasted for years. In 2023, the draft received government approval. Now it is in the coordination round.
Currently, incitement to hatred can result in a fine or short-term arrest. Under the new law, more serious cases may result in imprisonment.
Pakosta said that people may attack others because of their nationality or religion. To prevent this, punishment must involve imprisonment. This often happens on social media.
The new draft strictly follows European rules. It is already mentioned in the coalition agreement. Incitement to hatred based on gender remains prohibited, but it will not result in imprisonment.
The law is expected to come into force next year. However, the Ministry of Justice says that the exact date is not yet known. They are waiting to see how the process proceeds.