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ItemYES\NO\PARTIALLaw & ArticleLevel of protectionPROTECTION BASISPunishment (FULL)PUNISHMENT (SHORT)Important court case law
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Incitement to Hatred\discrimination\violencepartial1. Advertising Act of 2008, as Amended up to 2014, Art. 3 (4). 2. Penal Code of 2002, as Amended up to 2015, Art. 151.1. Advertising shall not contain denigration or discrimination on the grounds of nationality, race, age, colour, sex, language, origin, religion, political or other opinion, financial or social status or other circumstances. 2. Activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status if this results in danger to the life, health or property of a person is punishable.1. nationality, race, age, colour, sex, language, origin, religion, political or other opinion, financial or social status. 2. nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status.2. a fine of up to three hundred fine units or a detention. if it causes the death of a person or results in damage to health or other serious consequences is punishable by a pecuniary punishment or up to three years’ imprisonment. If committed by a legal person,
is punishable by a pecuniary punishment.
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Holocaust Denialno
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Genocide Denialno
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Hate Crimes (racial or religious Hatred as an aggravating circumstance, or enhanced penalties )no
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Online hate speech protection mechanismyesPenal Code of 2002, as Amended up to 2015, Art. 151.According to Estonian Penal Code Activities which publicly incite to hatred, violence or discrimination are prohibited.The punishment is a fine of up to three hundred fine units or a detention.1. The Estonian Supreme Court has directly applied the Council of Europe Convention on Cybercrime of 23
November 2001 (ratified by Estonia 12 May 2003) and has instructed lower courts to the effect that, where possible, the data in question should be copied from the computer, or deleted, rather than seized together with the computer
2. A new paradigm was created for participatory online media by the European Court of Human Rights in its Delfi AS v. Estonia judgement. The Court obliged online news platforms to filter or monitor certain kind of users’ comments for content of an extreme nature in order to prevent possible liability. Publishing news articles and making reader’ comments on them public was part of the Delfi’s professional activities and its advertising revenue depended on the number of readers and comments. It was Delfi’s decision to publish comments from non-registered users, therefore and by doing so they have assumed a certain responsibility for such comments . Therefor in some cases intermediaries could be held responsible for third-party content published on their website or forum, even if they delete the content upon notification. 3. In Delfi AS v. Estonia the European Court of Human Rights held that a media publisher running an internet news portal for an economic purpose could, in principle, be held liable under domestic law for the uploading of clearly unlawful comments on its news portal. The injured person has the choice of bringing a claim against the company or the authors of the comments.
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Insult to religion\collective defamation\insult to victimsyesPenal Code of 2002, as Amended up to 2015, Art. 154.Any activity which knowingly interferes, without legal grounds, with acknowledgement or declaration of religious beliefs or the absence thereof, or exercise of religion or religious rites, is punishable.a pecuniary punishment or up to one year of imprisonment. If committed by a legal person, is punishable by a pecuniary punishment.
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Desecration of graves\religious sites
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Specific case on antisemitismno
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Establishment and participation in Nationalist\extremist and other prohibited organizationsyes1. Penal Code of 2002, as Amended up to 2015, Art. 255. 2. Penal Code of 2002, as Amended up to 2015, Art. 256.1. Membership in a permanent organization consisting of three or more persons who share a distribution of tasks, which activities are directed at the commission of criminal offences in the second degree for which the maximum term of imprisonment of at least three years is prescribed, or criminal offences in the first degree, is punishable. 2. Forming or leading of or recruiting members to a criminal organization.1. punishable by three to twelve years’ imprisonment, if committed by a legal person, is punishable by a pecuniary punishment. 2. five to fifteen years’ imprisonment, if committed by a legal person, is punishable by a pecuniary punishment.
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