Estonia

[EE] Act to Regulate Dissemination of Works which contain Pornography or Promote Violence or Cruelty

IRIS 1998-5:1/25

Jacqueline Krohn

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 1 May 1998 the Act to Regulate Dissemination of Works which contain Pornography or Promote Violence or Cruelty in Estonia entered into force.

The scope of the law extends to all forms of works. Under article 1 (1), the dissemination and exhibition of films containing pornography and promoting violence and cruelty to minors is banned. What is more, any broadcasting of such material on television or radio is banned (Article 1(3)).

Works containing pornography or promoting violence and cruelty may in principle only be displayed in sales points specially designed for that purpose and only purchased on the premises. These may not be located near schools or other institutions for children. Shops, cinemas, video stores and other places of business which are allowed to distribute and display the afore-mentioned works may not grant minors access to their premises.

If works containing pornography or promoting violence or cruelty is made available other than in outlets specially designed for that purpose, for example in stalls or kiosks, care must be taken that they are not displayed in places where they are easily visible or accessible to minors.

The outlet owner must, before displaying the material, determine whether or not it is of a nature to contain pornographic content or promote violence or cruelty. If the nature of its content remains unclear, he/she may submit it to an expert committee on works under the Minister of Culture to determine its contents.

The Expert Committee (Article 8) is appointed by the Minister of Culture and is made up of representatives from the Ministry of Culture, educational and cultural institutions, health protection and law enforcement authorities, artistic associations, health protection associations and other organisations which disseminate and exhibit works.

The committee meets as soon as a work for inspection is submitted to it and takes a decision within 30 days after receipt of the enquiry.

The outlet owner has 15 days within which to contest the decision of the Committee; thereafter the Minister of Culture has 15 days to decide whether to stand by the decision of the Committee or to alter it.

The membership and the procedural provisions of the Committee are set out in detail in decree N° 69 of 3 May 2001 of the Minister of Culture.