Anti-semitic activist in Tallinn raises questions about limits to free speech

A man who has given around 150 public speeches in Tallinn and which are anti-semitic in nature has raised the question again on where the dividing line lies between free speech and hate speech, investigative show "Pealtnägia" reported.
Indrek Kabel, 31, has over the past year addressed the public around 150 times, mainly in Tammsaare Park in central Tallinn.
Using a megaphone, in the "Pealtnägija" segment he was filmed making claims about Wikipedia and Facebook, namely that they are controlled by "Jews," and has propagated conspiracy theories, falsehoods and also made anti-semitic statements, "Pealtnägija" reported.
Police and Border Guard Board (PPA) northern prefecture spokesperson Vaiko Vaher said the authority has received five complaints about Kabel's activities, one of which came last winter from Tallinn councilor Gaspar Šabad (Reform).
Vaher noted that using a loud-hailer means that Kabel's monologues constitute a public gathering, and since there were around 800 registered public gatherings inside the northern prefecture's area last year – plus 600 so far this year – Kabel's 150 was "quite a significant number."

Originally from Saaremaa, Kabel says that he is employed as a security guard.
All parties that "Pealtnägija" spoke to agreed that freedom of speech versus hate speech is a complex issue.
There is also in Estonia a legal distinction between hate speech (X), which may lead to civil suits over defamation or insults, and inflammatory speech (X), which can class as a criminal offense.
Sworn lawyer Karmen Turk told "Pealtnägija": "One has to be extremely careful there."
"Not that I would in some way defend hate speech or incitement to hatred; absolutely not. Hate speech as such has no redeeming features, it is of absolutely no value to our society," Turk went on.

"That said, every society must, on the basis of its own state, societal and political context, consider where the right point of balance lies," the lawyer continued.
Vaiko Vaher said that the PPA has communicated with Kabel already, starting last fall – his public presentations began in the aftermath of the October 7, 2023 terror attacks and Israel's responses to those attacks.
"As early as last autumn, we invited him to explain what exactly it is he wants to achieve," Vaher said.
"What is behind his support for Palestine. There is no denying that 'citizen Indrek' has formulated very strong truths of his own, which he is proclaiming, in Tammsaare Park," the PPA spokesperson went on.
If the megaphone or other form of amplification were ditched, Vaher would not need to register his speeches, Vaher added, since protesting in designated public spaces is permissible without that.
The PPA has however declined to initiate misdemeanor proceedings against Kabel.

Councilor Šabad's appeal to the courts, backed by the main Jewish community organization in Estonia, was overruled by that court, ie. the court upheld the PPA ruling on the grounds of free speech and that he wasn't seen to be inciting violence or acting in a dangerous manner.
Šabad, who has in the past organized demonstrations in support of exiled Belarusin opposition members and in opposition to the Conservative People's Party of Estonia (EKRE), has now taken the case to the European Court of Human Rights, "Pealtnägija" reported.
The PPA did fine Kabel €160, but this was for littering, after he discarded leaflets on the ground.
Additionally the PPA filed a misdemeanor report when he failed to register one of his public events.
Jewish groups feel that domestic law in Estonia is outdated, in the context of a global rise in anti-semitism and the current situation in the Middle East.
The community has tightened security, for instance at its schools.
They also say that the law treats the anti-semitism issue differently from some other issues.
For instance, the PPA has fined individuals for displaying pro-Russian symbols publicly, in the wake of Russia's ongoing invasion of Ukraine.

A PPA fine issued to protestors at a pro-Palestinian event over the slogan "Merest jõeni" ("From the river to the sea) is still with the courts.
The PPA notes the the Penal Code was amended in 2022, in relations symbols associated with aggression or terrorism.
Editor: Andrew Whyte, Marko Tooming
Source: 'Pealtnägija,' presenter Mihkel Kärmas.