Diagonal Accountability
#7Key Findings
In the category of diagonal accountability, Estonia receives high ratings in international comparison (rank 7).
The state does not typically censor the media. However, since Russia’s invasion of Ukraine, it has banned Belarusian and Russian channels that promote war propaganda. The public broadcaster is required to present a plurality of opinions. Two large media houses dominate the private media landscape, but independent websites are gaining popularity.
Political liberties are widely respected. Trade union membership rates are low due to the country’s communist past, and unions have little policy-formulation capacity. The main employers group is more influential. No permanent tripartite council is in place.
Civil society organizations are active in policy processes, but generally lack the financial and human resources to formulate policy proposals independently. Environmental associations are overshadowed by strong for-profit interest groups such as energy and forestry firms.
The state does not typically censor the media. However, since Russia’s invasion of Ukraine, it has banned Belarusian and Russian channels that promote war propaganda. The public broadcaster is required to present a plurality of opinions. Two large media houses dominate the private media landscape, but independent websites are gaining popularity.
Political liberties are widely respected. Trade union membership rates are low due to the country’s communist past, and unions have little policy-formulation capacity. The main employers group is more influential. No permanent tripartite council is in place.
Civil society organizations are active in policy processes, but generally lack the financial and human resources to formulate policy proposals independently. Environmental associations are overshadowed by strong for-profit interest groups such as energy and forestry firms.
To what extent are the media free from government influence and able to act independently?
10
9
9
There are no disincentives, by law or in practice, for the media to criticize the government and public officials.
8
7
6
7
6
Existing disincentives, by law and in practice, pose no significant obstacles to the media in criticizing the government and public officials.
5
4
3
4
3
Existing disincentives, by law and in practice, pose some significant obstacles to the media in criticizing the government and public officials.
2
1
1
Existing disincentives, by law and in practice, pose various significant obstacles to the media in criticizing the government and public officials.
Estonia follows a liberal approach to media policy with minimal legal restrictions. The Estonian Public Broadcasting company (ERR) is constituted under the Estonian Public Broadcasting Act and governed by a 10-member council. Based on the principle of political balance, five members are specialists in the field, while the other five represent different political parties that hold seats in the national parliament. Members of the ERR Council are elected for five years; members of parliament serve until the next parliamentary elections.
The private media market is generally self-regulated. Audiovisual and radio services are governed by the Media Services Act (2010), which outlines procedures and principles for service provision. Amendments in 2022 clarify the principles of content freedom and political balance during election campaigns. All providers of radio and TV services must apply for a fixed-term license from the Consumer Protection and Technical Regulatory Authority. Issuing private newspapers, magazines or news portals is not specifically regulated; they operate on free-market principles. The umbrella organization Union of Media Enterprises represents its members’ interests, including advocacy in policymaking initiatives.
The government does not censor digital, print or broadcast media directly or indirectly. The risk of government influence or political interference is considered low (MPM 2022). However, due to the Russian war of aggression in Ukraine, government control has become stricter. On 25 February 2022, the Consumer Protection and Technical Regulatory Authority (TTJA) ordered Estonian telecom service providers to stop broadcasting Belarusian and Russian TV and radio channels, and Russian websites that promoted war propaganda were shut down.
Freedom of the media is guaranteed by the constitution and specified in several legal acts. Currently, the Riigikogu is processing the Hate Speech Bill and the Whistleblower Protection Bill (related to EU Directive 2019/1937). Both processes have been lengthy and accompanied by criticism from conservative political parties and various interest groups, including the Union of Media Enterprises.
Instances of unlawful censorship are very rare. One such legal incident occurred in April 2022, when the Harju County Court fined two journalists following the publication of an article about alleged money laundering at one of Estonia’s largest banks, Swedbank. The information was published without legally required prior approval from the prosecutor’s office. The court ruling supported the prosecutor’s office’s argument that there was a “lack of public interest” and that the journalists’ only motive was to “satisfy curiosity.” However, the Supreme Court overruled this decision in January 2023, finding that the decision to impose fines on the journalists had insufficient legal grounding (Supreme Court of Estonia, 2023).
Compared to many countries, being a journalist in Estonia does not pose a risk to one’s life or physical health. However, mental harassment and humiliation on social media do occur. When ideological controversies become heated, such as during the COVID pandemic or in debates over LGBTQ+ rights, journalists face a greater risk of humiliation.
Citations:
The Media Pluralism Monitor 2022 (MPM2022). Monitoring Media Pluralism in the Digital Era: Application of the Media Pluralism Monitor in the European Union, Albania, Montenegro, the Republic of North Macedonia, Serbia and Turkey in the Year 2021. Country Report: Estonia. European University Institute.
Supreme Court of Estonia. 2023. https://www.riigikohus.ee/et/uudiste-arhiiv/riigikohus-prokuratuur-peab-ajakirjanikele-trahvi-taotlemist-usutavalt-pohjendama
The private media market is generally self-regulated. Audiovisual and radio services are governed by the Media Services Act (2010), which outlines procedures and principles for service provision. Amendments in 2022 clarify the principles of content freedom and political balance during election campaigns. All providers of radio and TV services must apply for a fixed-term license from the Consumer Protection and Technical Regulatory Authority. Issuing private newspapers, magazines or news portals is not specifically regulated; they operate on free-market principles. The umbrella organization Union of Media Enterprises represents its members’ interests, including advocacy in policymaking initiatives.
The government does not censor digital, print or broadcast media directly or indirectly. The risk of government influence or political interference is considered low (MPM 2022). However, due to the Russian war of aggression in Ukraine, government control has become stricter. On 25 February 2022, the Consumer Protection and Technical Regulatory Authority (TTJA) ordered Estonian telecom service providers to stop broadcasting Belarusian and Russian TV and radio channels, and Russian websites that promoted war propaganda were shut down.
Freedom of the media is guaranteed by the constitution and specified in several legal acts. Currently, the Riigikogu is processing the Hate Speech Bill and the Whistleblower Protection Bill (related to EU Directive 2019/1937). Both processes have been lengthy and accompanied by criticism from conservative political parties and various interest groups, including the Union of Media Enterprises.
Instances of unlawful censorship are very rare. One such legal incident occurred in April 2022, when the Harju County Court fined two journalists following the publication of an article about alleged money laundering at one of Estonia’s largest banks, Swedbank. The information was published without legally required prior approval from the prosecutor’s office. The court ruling supported the prosecutor’s office’s argument that there was a “lack of public interest” and that the journalists’ only motive was to “satisfy curiosity.” However, the Supreme Court overruled this decision in January 2023, finding that the decision to impose fines on the journalists had insufficient legal grounding (Supreme Court of Estonia, 2023).
Compared to many countries, being a journalist in Estonia does not pose a risk to one’s life or physical health. However, mental harassment and humiliation on social media do occur. When ideological controversies become heated, such as during the COVID pandemic or in debates over LGBTQ+ rights, journalists face a greater risk of humiliation.
Citations:
The Media Pluralism Monitor 2022 (MPM2022). Monitoring Media Pluralism in the Digital Era: Application of the Media Pluralism Monitor in the European Union, Albania, Montenegro, the Republic of North Macedonia, Serbia and Turkey in the Year 2021. Country Report: Estonia. European University Institute.
Supreme Court of Estonia. 2023. https://www.riigikohus.ee/et/uudiste-arhiiv/riigikohus-prokuratuur-peab-ajakirjanikele-trahvi-taotlemist-usutavalt-pohjendama
To what extent is a plurality of opinions in the media ensured?
10
9
9
There are no barriers, by law or in practice, to a pluralistic media landscape that represents all existing political perspectives in society.
8
7
6
7
6
Existing barriers, by law and in practice, pose no significant obstacles to the media in representing all relevant political perspectives in society.
5
4
3
4
3
Existing barriers, by law and in practice, pose some significant obstacles to the media in representing all relevant political perspectives in society.
2
1
1
Existing barriers, by law and in practice, pose various significant obstacles to the media in representing all relevant political perspectives in society.
The plurality of opinion and the presence of different viewpoints in public broadcast programs are mandated by the Act on Estonian Public Broadcasting. For private media outlets, such regulations do not apply; instead, the plurality of opinions is ensured by the variety of outlets and channels. Although there are several national newspapers and TV channels in the country, media ownership is increasingly concentrated. In addition to Estonian Public Broadcasting (ERR), two large private media companies owned by domestic investors – Ekspress Group and Eesti Meedia Group – dominate the print and electronic media market, especially the news media.
Decreasing readership figures and the increasing expenses faced by printed newspapers have further facilitated the concentration of media outlets into two large media houses. Additionally, some media outlets, especially regional and local newspapers, have had to close down or move to online-only content. Some special weeklies, such as the Teachers’ Gazette and the cultural weekly Sirp, receive government funds.
Digitalization and the rise of smart technologies like podcasts and streaming have expanded dramatically in both public and private media production. High internet and cable TV penetration rates ensure that most of the population can access a diverse range of media channels. However, the most vulnerable citizens, who often have low levels of digital literacy and fewer financial resources, can be disadvantaged by these technological and economic changes.
Another significant development has been the spread of independent blogs and portals that provide in-depth stories and analysis, which are increasingly rare in mainstream media. These online publications, such as Edasi (edasi.org) and the blogs Levila and Poliitikaguru, enjoy an increasing number of followers and enrich the existing media landscape. Ideologically oriented portals, such as Uued Uudised run by the national-conservative party EKRE, also have numerous followers. These blogs and portals are funded by subscriptions or raise their own funding.
Criticism of government policies and state institutions is common in the media, including the public media. It is generally acknowledged that the private outlets of the Postimees group tend to skew toward conservative and traditional values, while the Ekspress group is considered more liberal. Thus, there is no political bias along government versus opposition lines, but rather along normative value orientations.
Decreasing readership figures and the increasing expenses faced by printed newspapers have further facilitated the concentration of media outlets into two large media houses. Additionally, some media outlets, especially regional and local newspapers, have had to close down or move to online-only content. Some special weeklies, such as the Teachers’ Gazette and the cultural weekly Sirp, receive government funds.
Digitalization and the rise of smart technologies like podcasts and streaming have expanded dramatically in both public and private media production. High internet and cable TV penetration rates ensure that most of the population can access a diverse range of media channels. However, the most vulnerable citizens, who often have low levels of digital literacy and fewer financial resources, can be disadvantaged by these technological and economic changes.
Another significant development has been the spread of independent blogs and portals that provide in-depth stories and analysis, which are increasingly rare in mainstream media. These online publications, such as Edasi (edasi.org) and the blogs Levila and Poliitikaguru, enjoy an increasing number of followers and enrich the existing media landscape. Ideologically oriented portals, such as Uued Uudised run by the national-conservative party EKRE, also have numerous followers. These blogs and portals are funded by subscriptions or raise their own funding.
Criticism of government policies and state institutions is common in the media, including the public media. It is generally acknowledged that the private outlets of the Postimees group tend to skew toward conservative and traditional values, while the Ekspress group is considered more liberal. Thus, there is no political bias along government versus opposition lines, but rather along normative value orientations.
To what extent are citizens able to freely form or join independent political and civic groups, openly raise and discuss political issues, and assemble without restrictions?
10
9
9
There are no barriers, by law or in practice to creating an engaged society and civil society organizations that are free to operate.
8
7
6
7
6
Existing barriers, by law and in practice, pose very few or no significant obstacles to creating an engaged society and civil society organizations that are free to operate.
5
4
3
4
3
Existing barriers, by law and in practice, pose some significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
2
1
1
Existing barriers, by law and in practice, pose various significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
The freedom of association and freedom of assembly are constitutional rights in Estonia. The Act on Public Meetings (1997) specifies the rights and duties of meeting organizers. Every person legally residing in Estonia has the right to initiate a public meeting; the meeting must be registered with the relevant municipal government seven days in advance. Police can use force only on occasions specified in the law.
Political liberties are an important part of Estonia’s constitution, and they are widely respected in society. There are 11 political parties registered, collectively covering the entire spectrum of mainstream political ideologies. Only citizens of Estonia have the right to be members of a political party. Civil society groups organize open forums to discuss important social and political issues. One such forum, the Arvamusfestival (Opinion Festival), has been held annually since 2013.
Public meetings are typically peaceful. Harassment, arbitrary arrests, and the detention or imprisonment of peaceful demonstrators are not common practices in Estonia.
Political liberties are an important part of Estonia’s constitution, and they are widely respected in society. There are 11 political parties registered, collectively covering the entire spectrum of mainstream political ideologies. Only citizens of Estonia have the right to be members of a political party. Civil society groups organize open forums to discuss important social and political issues. One such forum, the Arvamusfestival (Opinion Festival), has been held annually since 2013.
Public meetings are typically peaceful. Harassment, arbitrary arrests, and the detention or imprisonment of peaceful demonstrators are not common practices in Estonia.
To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?
10
9
9
All the major CSOs active in the field have the capacity to shape public policies.
8
7
6
7
6
Most of the major CSOs active in the field have the capacity to shape public policies.
5
4
3
4
3
Few of the major CSOs active in the field have the capacity to shape public policies.
2
1
1
None of the major CSOs active in the field have the capacity to shape public policies.
According to the constitution, everyone is free to belong to unions and federations of employees and employers. The conditions and procedures for resolving labor disputes and exercising the right to strike are provided by law. Legislation facilitates union membership through tax deductions from membership fees; otherwise, trade unions and employers’ organizations must be self-financing.
The Estonian Trade Union Confederation (EALK) comprises 15 branch unions and represents employees’ interests in collective-bargaining agreements, protecting their rights in labor relations. Due to the country’s communist past and current liberal market economy, the popularity of trade unions is low. Union density is 6%, and about the same share of employees is covered by collective bargaining agreements. These agreements are predominantly made at the company level; in some areas – as is the case for teachers and healthcare workers – they are made at the branch level. Compared to many Western European countries, the policy-formulation capacity of trade unions is relatively weak. The EALK head office includes a secretariat that prepares various documents, including draft law proposals, and organizes cooperation between members. However, it lacks a dedicated research or analysis unit responsible for preparing specific policy proposals.
Limited financial resources restrict the ability to commission external policy analyses from universities or private think tanks. Typically, trade unions are invited to contribute to policymaking processes initiated by the government. In recent years, EU initiatives on regulating statutory minimum wage, platform work, working from home, and work and leisure time have significantly shaped the domestic social dialogue agenda.
The Estonian Employers’ Confederation (ETKL) is more influential. It includes more than 2,000 companies and 50% of employers, and is more active in shaping policies. ETKL has working groups that prepare the organization’s platform for each public policy area. For every parliamentary election, ETKL publishes an “Employers’ Manifesto” with strategic proposals for policymakers.
Despite some progress, social dialogue in Estonia remains rather fragile. There is no permanent tripartite council, and the representatives of social partners on the tripartite Unemployment Insurance Board and Health Insurance Board are often overruled by the government (Toots 2022). The most stable achievement of tripartism has been the enactment of the statutory minimum wage as part of the State Budget Act.
Citations:
OECD/AIAS ICTWSS database. Main indicators and characteristics of
collective bargaining. Estonia. https://www.oecd.org/employment/collective-bargaining-database-Estonia.pdf
ETKL. 2022. “Employers’ Manifesto 2022. ‘Time to be ahead of the time’.” https://employers.ee/en/wp-content/uploads/sites/2/2023/11/The-Employers-Manifesto-2022.docx.pdf
Toots, Anu. 2022. “Social Governance Reforms in a Quasi-Bismarckian Welfare State: How Estonia Moved from Tripartism to Etatisation.” Studies of Transition States and Societies 14 (1): 37-55.
The Estonian Trade Union Confederation (EALK) comprises 15 branch unions and represents employees’ interests in collective-bargaining agreements, protecting their rights in labor relations. Due to the country’s communist past and current liberal market economy, the popularity of trade unions is low. Union density is 6%, and about the same share of employees is covered by collective bargaining agreements. These agreements are predominantly made at the company level; in some areas – as is the case for teachers and healthcare workers – they are made at the branch level. Compared to many Western European countries, the policy-formulation capacity of trade unions is relatively weak. The EALK head office includes a secretariat that prepares various documents, including draft law proposals, and organizes cooperation between members. However, it lacks a dedicated research or analysis unit responsible for preparing specific policy proposals.
Limited financial resources restrict the ability to commission external policy analyses from universities or private think tanks. Typically, trade unions are invited to contribute to policymaking processes initiated by the government. In recent years, EU initiatives on regulating statutory minimum wage, platform work, working from home, and work and leisure time have significantly shaped the domestic social dialogue agenda.
The Estonian Employers’ Confederation (ETKL) is more influential. It includes more than 2,000 companies and 50% of employers, and is more active in shaping policies. ETKL has working groups that prepare the organization’s platform for each public policy area. For every parliamentary election, ETKL publishes an “Employers’ Manifesto” with strategic proposals for policymakers.
Despite some progress, social dialogue in Estonia remains rather fragile. There is no permanent tripartite council, and the representatives of social partners on the tripartite Unemployment Insurance Board and Health Insurance Board are often overruled by the government (Toots 2022). The most stable achievement of tripartism has been the enactment of the statutory minimum wage as part of the State Budget Act.
Citations:
OECD/AIAS ICTWSS database. Main indicators and characteristics of
collective bargaining. Estonia. https://www.oecd.org/employment/collective-bargaining-database-Estonia.pdf
ETKL. 2022. “Employers’ Manifesto 2022. ‘Time to be ahead of the time’.” https://employers.ee/en/wp-content/uploads/sites/2/2023/11/The-Employers-Manifesto-2022.docx.pdf
Toots, Anu. 2022. “Social Governance Reforms in a Quasi-Bismarckian Welfare State: How Estonia Moved from Tripartism to Etatisation.” Studies of Transition States and Societies 14 (1): 37-55.
To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?
10
9
9
All the major CSOs active in the field have the capacity to shape public policies.
8
7
6
7
6
Most of the major CSOs active in the field have the capacity to shape public policies.
5
4
3
4
3
Few of the major CSOs active in the field have the capacity to shape public policies.
2
1
1
None of the major CSOs active in the field have the capacity to shape public policies.
National-level civil society organizations (CSOs) often receive project-based public funding, though this is less common for smaller, local CSOs. Membership fees and donations are tax-deductible for CSOs on the government-approved list. This list is updated annually. In 2022, about 2,700 CSOs were listed, including advocacy groups for people with disabilities or various diseases, as well as for child protection, family welfare and mental health.
The organizational strength of major CSOs varies, but they generally have limited financial and human resources to formulate policy proposals in-house or to commission expert advice from outside. None of the CSOs in social welfare have their own research analysis unit or institute.
Major civil society organizations active in a particular field often cooperate while participating in the policymaking process; sometimes they establish umbrella organizations or alliances. For example, Vaimse Tervise ja Heaolu Koalitsioon (VATEK) unites 53 organizations in the area of mental health and well-being. The Estonian Chamber of Disabled People (EPIKoda) is an umbrella organization that brings together 32 specific disability associations and unions. Major CSOs in this field are strategic partners of the Ministry of Social Welfare and are actively involved in policy advocacy and policymaking. According to existing regulations and norms, the government is obliged to respond to policy proposals put forward by major CSOs during the drafting of new laws or the revision of existing regulations. Overall, Estonia has developed a neoconservative approach to CSO engagement, and the general public remains loosely involved in their activities.
The organizational strength of major CSOs varies, but they generally have limited financial and human resources to formulate policy proposals in-house or to commission expert advice from outside. None of the CSOs in social welfare have their own research analysis unit or institute.
Major civil society organizations active in a particular field often cooperate while participating in the policymaking process; sometimes they establish umbrella organizations or alliances. For example, Vaimse Tervise ja Heaolu Koalitsioon (VATEK) unites 53 organizations in the area of mental health and well-being. The Estonian Chamber of Disabled People (EPIKoda) is an umbrella organization that brings together 32 specific disability associations and unions. Major CSOs in this field are strategic partners of the Ministry of Social Welfare and are actively involved in policy advocacy and policymaking. According to existing regulations and norms, the government is obliged to respond to policy proposals put forward by major CSOs during the drafting of new laws or the revision of existing regulations. Overall, Estonia has developed a neoconservative approach to CSO engagement, and the general public remains loosely involved in their activities.
To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?
10
9
9
All the major CSOs active in the field have the capacity to shape public policies.
8
7
6
7
6
Most of the major CSOs active in the field have the capacity to shape public policies.
5
4
3
4
3
Few of the major CSOs active in the field have the capacity to shape public policies.
2
1
1
None of the major CSOs active in the field have the capacity to shape public policies.
Nonprofit CSOs acting in the public interest may receive tax benefits, including deductions from donations and membership fees. Eligible CSOs are listed in a government decree, updated annually. Only a few environment-focused CSOs – such as those focused on animal welfare or forest education – appear on this list, and they are generally not influential.
Organizationally, environmental CSOs are not strong; they have very limited financial and human resources with which to formulate policy proposals or commission expert advice. None of the CSOs in the environmental sector has its own research analysis unit or institute. Unlike the social welfare sector, cooperation between environmental CSOs and ministries is nonstructured and overshadowed by strong for-profit interest groups, such as energy firms and the forest industry (see details from the website of the Ministry of Climate, Lobby activities). In this vein, a cooperation platform, Rohetiiger (Green Tiger) – which unites over 80 companies – deserves special attention due to its close links to the Ministry of Climate.
According to effective regulations and norms, the government is obliged to respond to policy proposals put forward by major CSOs and engage communities in the process of drafting or revising existing regulations. However, this rule is not always followed, a fact that has led to several public protests and social media movements. The protection of forests is a primary concern for citizens; some of these actions have resulted in court cases against the State Forest Management Center (Telegram 18 July 2022).
Citations:
Ministry of Climate. 2023. “https://kliimaministeerium.ee/lobitegevus”
Telegram. 2022. “Kohus hakkab esmakordselt hindama süüdistust RMK seaduserikkumistes kogukonna kaasamisel.” July 18. https://www.telegram.ee/eesti/kohus-hakkab-esmakordselt-hindama-suudistust-rmk-seaduserikkumistes-kogukonna-kaasamisel
Organizationally, environmental CSOs are not strong; they have very limited financial and human resources with which to formulate policy proposals or commission expert advice. None of the CSOs in the environmental sector has its own research analysis unit or institute. Unlike the social welfare sector, cooperation between environmental CSOs and ministries is nonstructured and overshadowed by strong for-profit interest groups, such as energy firms and the forest industry (see details from the website of the Ministry of Climate, Lobby activities). In this vein, a cooperation platform, Rohetiiger (Green Tiger) – which unites over 80 companies – deserves special attention due to its close links to the Ministry of Climate.
According to effective regulations and norms, the government is obliged to respond to policy proposals put forward by major CSOs and engage communities in the process of drafting or revising existing regulations. However, this rule is not always followed, a fact that has led to several public protests and social media movements. The protection of forests is a primary concern for citizens; some of these actions have resulted in court cases against the State Forest Management Center (Telegram 18 July 2022).
Citations:
Ministry of Climate. 2023. “https://kliimaministeerium.ee/lobitegevus”
Telegram. 2022. “Kohus hakkab esmakordselt hindama süüdistust RMK seaduserikkumistes kogukonna kaasamisel.” July 18. https://www.telegram.ee/eesti/kohus-hakkab-esmakordselt-hindama-suudistust-rmk-seaduserikkumistes-kogukonna-kaasamisel