Supreme Court protected Ekspress journalists’ freedom of speech

A fine imposed on journalists for publishing information from pre-trial proceedings must be substantively justified. In its order of 31 January 2023 in case No. 1-22-1949/24, the Supreme Court of Estonia found that imposing fines on Eesti Ekspress journalists and the owner of the publication for coverage of the Swedbank money laundering investigation was not justified in this case.

The dispute began with an Eesti Ekspress article that covered information from the pre-trial proceedings in the Swedbank money laundering criminal case. Harju County Court fined journalists Sulev Vedler and Tarmo Vahter and Delfi Meedia AS 1,000 euros each, but Tallinn Circuit Court annulled the fines. The Office of the Prosecutor General brought the dispute before the Supreme Court.

Eesti Ekspress was represented in court by attorneys Oliver Nääs, Mari Männiko and Sander Potisepp. The Supreme Court explained that when granting or refusing permission, the prosecutor’s office must not act arbitrarily, but must weigh the public interest against the protection of the proceedings and the persons concerned.

The judgment is important for freedom of the press. Pre-trial proceedings do not mean that public interest disappears. If the prosecutor’s office wishes to fine journalists, it must convincingly show what specific harm or risk was caused by the publication of the information.

Read more from Eesti Ekspress or see the Supreme Court order in this case.