Estonia

[EE] Freedom of Expression and Media in the Constitution

IRIS 2003-9:1/35

Esther M. Harlow

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

The Constitution of the Republic of Estonia was adopted in a referendum on 28 June 1992 and last amended on 14 September 2003 in preparation for the country's accession to the European Union.

Article 45 of the Estonian Constitution guarantees the right to free speech and expression of opinions. Everyone shall have the right to freely circulate ideas, opinions, persuasion and other information by word, print, picture or other means. This right may only be restricted by law if this is necessary for the protection of an overriding legal good, such as public order or morals, and the rights and liberties, health, honour and reputation of others. This right may also be restricted by law for state and local government officials in order to protect a state or business secret or confidential communication, which due to their service the officials have access to, as well as protecting the family life and privacy of other persons, and the interests of justice.

Article 45 of the Constitution prohibits censorship. However, the Constitution does not contain any specific rules on broadcasting.