The three coalition parties have yet to reach agreement on how broad or narrow to make the indicators contained in the legislation on what constitutes hate speech.

The legislation follows proceedings started by the European Commission in 2020, which found that Estonia's domestic criminal law did not adequately address hate speech issues and was not in line with the EU's framework on this topic.

The hate speech bill passed its first reading (of three) at the Riigikogu last September, with the support of all three coalition parties.

In the meantime, there has been a change of administration and prime minister – though not of parties: Reform, the Social Democrats (SDE) and Eesti 200 remain in office.

The three opposition parties: Isamaa, the Conservative People's Party of Estonia (EKRE) and the Center Party, however, remained critical of the bill and submitted hundreds of amendments ahead of the second reading – the stage at which bills may be substantively amended.

This was a filibuster.

At that time, the primary question had been how to bring the bill to the chamber in a form which could breach opposition obstruction.

The coalition considered limiting the main filibustering tactic used here: The use of recesses between each amendment, plus the coalition's response to that – bundling the hundreds of amendments together.

The main issue in passing the legislation now however is not procedural, but relates to the fact that the coalition parties still have no consensus on what aspects should constitute incitement to hatred a crime.

The coalition Social Democrats (SDE) have called for punishing public incitement to hatred, violence, or discrimination when it involves a person's ethnicity or nationality, race and color of skin, gender, disability, language, place of origin, religion, sexual orientation, political beliefs, or economic or social status.

These metrics were included in the draft version of the bill agreed upon at cabinet level and which passed its first vote a year ago.

Andre Hanimägi (SDE), who chairs the Riigikogu's Legal Affairs Committee, has said that this version is currently on the committee's table, and should be put forward.

SDE's coalition partner Eesti 200 however, holds a different view.

Minister of Justice Liisa Pakosta (Eesti 200) has said that the EU framework decision requiring the criminalization of hate speech should be implemented in a narrower understanding: As narrowly as possible.

In this case, a narrow adoption of the framework decision would make hate speech a crime only in cases of discrimination based on nationality, race or religion.

Incitement to hatred based on sexual orientation, disability, or other characteristics would not be criminalized, under the Eesti 200 understanding.

Pakosta said: "We have two values in play which we must balance. On the one hand, we must defend the security of people from those who make highly socially dangerous statements."

"On the other, we must protect freedom of speech," Pakosta, a former gender equality commission chief, went on.

Pakosta said that this view was shared by the Reform Party, the largest party by seats in the coalition.

"In seeking this balance, Eesti 200 and the Reform Party believe that we should only adopt that which EU law requires, and continue to protect freedom of speech in other areas," Pakosta went on.

Pakosta said that the Riigikogu's Legal Affairs Committee ultimately agreed that it is unclear which problems would be resolved by criminalizing incitement to hatred based on those measures other than those covered in the narrower definition.

"It is this - we cannot simply snap our fingers and restrict freedom of speech in that way we do everything broadly, this is not okay, because really the protection of freedom of speech is also an important value," the minister went on.

She noted that if SDE wishes to include other measures in the criminalization of hate speech, it should initiate another bill.

She said: "The legally correct way is to do things as we have envisioned: Adopt the EU law in an narrow way and if there are other various problems, we should first describe these, propose multiple solutions, and then choose the least restrictive option."

"I have made this proposal now as a new minister, so we can proceed legally, and I am waiting for feedback from SDE," she continued.

Andre Hanimägi said in response that while EU legislation in general should be adopted in as narrow a form as possible, this would not be reasonable in the case of the hate speech bill.

He said: "Do we really believe that incitement to hatred or calls for violence are only based on the narrow characteristics?

"There are examples where it would make sense to incorporate other groups and demonstrate that everyone in society is equal, while no one should be discriminated against or incited to violence based on their group characteristics," Hanimägi, formerly of the Center Party, went on.

Hanimägi stressed that the current version of the bill had already agreed upon by the government and had passed its first reading.

Changing the bill now would mean renegotiating the coalition agreement and essentially starting the discussions from scratch, he said.

On the other hand, one MP has stated that Estonian law on the issue may already meet EU norms.

Reform Party MP and member of the Legal Affairs Committee Valdo Randpere said that first it should be determined whether the EU framework decision requires a separate legislative change, or if the existing domestic legislation is already sufficient.

Randpere noted that in spring, Estonia had sent a related inquiry to the European Commission, to which a response is now awaited. It would be wise to wait for the commission's response before acting further, Randpere added.

If the commission finds that Estonia's legislation does not comply with the EU framework, Randpere said his party would also support an adoption of the framework decision, in the narrowest sense.

Again, this would mean that only incitement to hatred based on ethnicity, nationality, race, and religion would constitute crimes.

The European Commission in 2020 commenced infringement proceedings against Estonia on this issue, arguing that Estonia's criminal code inadequately regulates hate speech, and conflicts with the EU framework decision.

The Riigikogu's Legal Affairs Committee opted to send the bill, as initiated by the government, to amend the Penal Code, the Criminal Procedure Code, and the Misdemeanor Procedure Code (on incitement to hatred and hate-motivated crimes) (232 SE) to the Riigikogu plenary session for its first reading on September 27 last year.

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