The Supreme Court has ruled that, under Estonian law, streaming disturbing content on social media cannot be considered a disturbance of public order, writes ERR News.
The decision, published on the 12th of November, states that only a physical location can be considered a public space. The decision is part of a case regarding a video posted on the social media platform TikTok in which people cursed, mocked and insulted. A user considered the video to be objectionable content and reported it to the Estonian Police and Border Guard Board (PPA). The offender was fined 240 euros for disturbing public order.
The Supreme Court has overturned the sentence and terminated the proceedings for disturbing public order. The court explained that the offense does not constitute a disturbance of public order, because the social media platform TikTok is not a public place within the meaning of the law.
According to the law,
a public place is an area, building, room or public transport that can be used by an unspecified number of people.
The explanatory memorandum to the law cites roads, parks, cemeteries, beaches and commercial or public service buildings as examples. The Supreme Court has ruled that such an interpretation directly links the concept of a public place to physical locations and objects. Although social media was already widely used when the law was adopted in 2011, parliament did not consider it necessary to expand the concept of public space, and it has not done so since.
The court acknowledged that social media posts can reach a wide audience, including those who have no direct relationship with the author of the post. However, accessibility to the general public cannot be equated with public space. If legislators believe that the social media environment is considered public space, this should also be clearly stated in the law.
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