“It is important to understand that since 24 February, when Putin’s Russia militarily attacked Ukraine, we are all living in a changed world,” remarked Prime Minister Kaja Kallas. “Symbols too have gained new meaning. Their use reflects people’s attitudes. Using symbols of propaganda is also a sign of support for the war crimes committed by the regime, including attacking Ukraine, bombing homes and hospitals and killing and deporting civilians. All of this brings back painful memories for Estonians of the years of Soviet occupation. Things can be remembered and views can be aired without using such symbols, which can be construed as justification of the war and which can be very hurtful to other people. Antagonistic symbols can also be used to provoke. Everyone in Estonia is concerned about this – regardless of whether their first language is Estonian, Russian or Ukrainian. It is important that we stand united as a society. However different their pasts might be, everyone living in Estonia has a shared future. We must keep our heads and not let ourselves be divided by propaganda.”
The use of antagonistic symbols in support of aggression and war is to be established in the Penal Code as a misdemeanour. More precisely, anyone convicted of the misdemeanour shall be subject to a fine or detention for displaying symbols used in committing an act of aggression, genocide, crimes against humanity or war crimes for the purpose of supporting or justifying those acts or intimidating, denigrating or otherwise significantly offending others. If the misdemeanour is committed by a legal entity, the fine will be up to 32,000 euros.
Only the public displaying of such a symbol would be classed as a misdemeanour under the amendments, meaning that its use would have to be visible in the open. Nor would it be deemed punishable if such a symbol formed part of an item on sale in an antiques store or if it were used in a theatrical performance for purposes that could not be considered deplorable. For the same reason, the ordinary use of the letter Z would not constitute a misdemeanour either.
“Symbols that support aggression, like the letter Z in the context of the war in Ukraine, can be used to mobilise large groups of people incredibly quickly and easily,” cautioned Minister of Justice Maris Lauri. “How dangerous a symbol is depends on where and how it is used, which is why we reasoned that it made no sense to specify a list of symbols in the draft amendments. There are two key aspects when it comes to prosecuting people in this regard: whether the purpose of use of the symbol is to support or justify the aggression or certain types of crimes, or to intimidate and denigrate other people.”
The other amendment introduced in the draft is the criminalisation of joining the armed forces of an aggressor, which could result in up to five years’ imprisonment.
“Russia is committing crimes of aggression against the Ukrainian state and its people,” Minister Lauri said. “As a government we have already said but will say again that if any individual supports or participates in the committing of such crimes, they will be prosecuted for it. It is important to understand that it is not just joining the armed forces of an aggressor that is being outlawed here, but abetting them in any way – for example, the direct provision of physical and material assistance to the armed forces or armed units of the aggressor state, including funding.”
Since anyone joining the armed forces of an aggressor would do so outside of Estonia, the Penal Code is being amended so that it covers crimes committed beyond Estonia’s borders if such crimes are committed by Estonian citizens, those with a permit or the right to reside in the country or legal entities registered in the state.
The government is also seeking to amend the necessary elements of the offence of incitement of hatred so that a person can henceforth be prosecuted for a misdemeanour even if the act of incitement poses no consequences such as a threat to people’s lives, health or property. To date, such a consequence has been required in order for the misdemeanour to be punished. Furthermore, the Incitement of Hatred section of the Penal Code will be amended so that if it involves a serious consequence, the misdemeanour will be reclassified as a criminal offence.
