Media System of Estonia report by our correspondent Monika Silvia Valm for the Study on Co-Regulation Measures in the Media Sector Study commissioned by the European Commission, Directorate Information Society Unit A1 Audiovisual and Media Policies, Digital Rights, Task Force on Coordination of Media Affairs DG EAC 03/04 This report is part of the research which has been done for the study on “Co-Regulation Meas- ures in the Media Sector”. The Study is commissioned by the European Commission, Direc- torate Information Society, Unit A1 Audiovisual and Media Policies, Digital Rights, Task Force on Coordination of Media Affairs (Tender No. DG EAC 03/04). The above study aims at providing a complete picture of co-regulatory measures taken to date in the media sector in all 25 Member States and in three non-EU-countries, as well as of the research already done. The study will especially indicate the areas in which these measures mainly apply, their effects and their consistency with public interest objectives. In this con- text, the study will examine how best to ensure that the development of national co- and self- regulatory models does not disturb the functioning of the single market by re-fragmenting the markets. This study started at the end of December 2004, the final report will be compiled by the end of December 2005. More information on the study can be found at http://co-reg.hans-bredow-institut.de All rights reserved. The European Commission or its contracting entity, the HBI or the EMR are not liable for the contents of the report. In doubt viewpoints expressed in the report are purely personal and may not in any circumstances be regarded as stating as an official position of the European Commission, HBI, EMR or the organisation the correspondent works for. If you have any questions or comments feel free to contact the contractor of the study Hans-Bredow-Institute for media research (HBI) Heimhuder Str. 21 D- 20148 Hamburg [email protected] / http://www.hans-bredow-institut.de or the sub-contractor, who is responsible for coordinating and organizing the research in the EU Member States: Institute of European Media Law (EMR) Nell-Breuning-Allee 6 D-66115 Saarbrücken [email protected] / http://www.emr-sb.de Hamburg, 13 May 2005 Estonia Introduction Estonia has a population of 1.37 million.1 The official language of the country is Estonian, spoken by approximately 950 000 inhabitants. Russian is the main minority language spoken in Estonia. Currently, Estonia has one public TV broadcaster Eesti Televisioon (ETV)2 and two commercial TV broadcasters: TV 33 and Kanal 24. The two private national TV broadcasters are members of the Association of Estonian Broadcasters. One local TV broadcasting operator licence has been issued. Internet television is under development, some of the own production of ETV is available at www.itv.ee and some of the programmes of the commercial broadcasters are available at www.tv.ee. 79 licenses have been issued for cable TV operators, two of them are national and some of the cable operators produce their own programmes. The state-owned Eesti Raadio (ER)5 has four radio channels covering almost the whole country: Vikerraadio (mainly talk radio), Raadio 2 (targeting younger population), Raadio 4 (broadcasts only in Russian and minority languages) and Klassikaraadio (broadcasts classical music). There are several private local and regional radio channels; some of them cover most of the Estonian territory. The printed media market offers 5 national daily newspapers: Postimees (circulation 64 000) and Eesti Päevaleht (35 000), the national daily business newspaper Äripäev (20 200) and Russian newspapers Molodjozh Estonii (10 000) and Estonia (6000). The largest weekly newspapers are Eesti Ekspress (42 200) and the rural weekly Maaleht (42 900). The national tabloid market is covered by SL Õhtuleht (65 000) and its Russian alternative Vesti Dnya (6500).6 Two media companies dominate the Estonian media market: Eesti Meedia7 (owned 92.5% by the Norwegian Schibsted and the Ekspress Group.8 Eesti Meedia is the largest media corporation in Estonia, it owns the the national daily Postimees, half of the the national tabloid SL Ohtuleht, the TV cgannel Kanal 2, half of the Ajakirjade Kirjastus Magazines Publishing Company and has ownership in some local and regional newspapers. The Ekspress Group owns the largest weekly newspaper Eesti Ekspress, half of the national daily Eesti Päevaleht, half of the Ajakirjade Kirjastus Magazines Publishing Company, half of the national tabloid SL Ohtuleht, the free paper City Paper, 95% of Printall priting plant, half of 1 2000 Population and Housing Census. III. Place of Birth and Migration, www.stat.ee. 2 www.etv.ee. 3 www.tv3.ee. 4 www.kanal2.ee. 5 www.er.ee. 6 Harro-Loit, Halliki: The Baltic and Norwegian Journalism Market, p. 96 in The Baltic Media World, edited by Richard Bærug, Riga 2005. 7 www.eestimeedia.ee. 8 www.egrupp.ee. 3 the distribution company Ekspress Post and has ownership interests in a magazine wholesale company and a mobile operator. Some other large players are the Bonnier Group that owns the business daily Äripäev; Moderm Times Group owns TV3; the Metromedia International Radio Group through its Trio Group and Mediainvest Holding both own several radio stations. The principle of independence of media is crystallised in the Constitution (passed on 22 June 1992).9 During the process of regaining of independence, censorship and political control over media were quickly abolished in the early 1990-ies. All daily newspapers are in private ownership and the State does not subsidise the media sector. Apart from the principles stated in the Constitution, there is no law regulating media in general. The Broadcasting Act regulates public radio and TV broadcasting and the Advertising Act contains provisions relevant to all media. The relevant EC regulation applies since Estonia’s accession to the EU on 1 May 2004. Constitutional law The supreme legislative organ of Estonia is Riigikogu, elected by the people. The official head of state is the President. The executive power is vested in the Government headed by the Prime Minister. Laws can only be initiated by members of the Riigikogu, the Government or the President. Laws are passed by the Riigikogu and proclaimed by the President. Secondary legislation is passed by the Government. There is no mechanism in the Constitution that would allow the State organs to pass any of their regulative powers on to private parties. Neither is there anything that would enable private parties to pass regulation that could be applicable to non- contracting third parties. However, there is nothing in the Constitution that would restrict the right of private parties to enter into self-regulation arrangements. The Constitution provides that everybody has the right to get public information without limits. The Constitution protects personality and privacy and the honour and good name of a person. Every person has the right to sue anyone who has violated his/her rights. The principles of freedom of expression and prohibition of censorship are stated in Article 45 of the Constitution: Everyone has the right to freely disseminate ideas, opinions, beliefs and other information by word, print, picture or other means. This right may be restricted by law to protect public order, morals, and the rights and freedoms, health, honour and good name of others. This right may also be restricted by law for state and local government public servants, to protect a state or business secret or information received in confidence, which has become known to them by reason of their office, and the family and private life of others, as well as in the interests of justice. There is no censorship. 9 Translation of the Constitution is available at www.legaltext.ee. 4 Other horizontally applicable provisions Advertising Act The Advertising Act was passed on 11 June 1997 and came into force on 1 January 1998. It has since been subject to several amendments. The provisions of the Act apply to all media. The Act provides the definition of advertising establishes general requirements for advertising, restrictions on advertising and their extent, and special conditions for advertising, supervision over advertising and establishes liability for violation of the Act. Article 2 of the Act defines advertising as information which is made public for the purpose of increasing the sale of products or services, promoting an event or idea, or achieving other desired results in other areas and which an advertiser disseminates for a fee or other consideration. According to Article 3 the content, design and presentation of advertising shall be such that, given ordinary attention by the public, it is recognised as advertising. Article 4 of the Act prohibits misleading advertising. i.e. advertising which in any way, including its presentation, deceives or is likely to deceive the public, or which, for those reasons, injures or may injure a competitor. Article 5 prohibits the use of offensive advertising, i.e. advertising that is contrary to good morals and customs, calls on people to act unlawfully or to violate prevailing standards of decency, or if it contains such activities. An advertisement is considered offensive in particular if the advertisement presents, incites or endorses discrimination on the grounds of nationality, race, colour, sex, age, language, origin, religion, political or other opinion, and financial or social status or other circumstances; calls on people to behave violently or incites violent behaviour in order to achieve an objective or in choosing the manner in which to achieve an objective; degrades lawful behaviour or directly or indirectly justifies violation of the law as a means of achieving an objective; plays on superstition, fear or sympathy; contains any direct statement or visual presentation regarding a sexual act, inappropriate nudity or socially unacceptable sexual behaviour; or presents false information concerning other persons, their products or services, or other facts.