First Reading of the Draft Act amending the Penal Code (411 SE)
Session: 15th Riigikogu, 3rd session, plenary session
Date: 2024-05-30 02:21
Participating Politicians:
Total Speeches: 6
Membership: 15
Agenda Duration: 28m
AI Summaries: 6/6 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The first item on the agenda was the first reading of Draft Act 411 on amendments to the Penal Code, initiated by Riigikogu Member Kalle Grünthal. The objective of the draft act is to strengthen the protection of the presumption of innocence and to criminalize the publication of incorrect factual claims lacking evidence, and, by clarifying the available penalties, to stipulate a pecuniary punishment or imprisonment up to one year for due responses. The structured debate focused on the defense of the draft act and its impacts on the media landscape, court proceedings, and the balancing of freedoms. Grünthal’s presentation emphasized the need to define the boundaries of when a factual claim may constitute a violation of innocence, and what role the media, judges, and public debate play in this process.
The second part addressed the potential impact of the draft act on both legal protection and civil rights practice: the balance between freedom of speech and protective measures was discussed, as well as the complexity of applying pecuniary or punitive sanctions instead of civil law measures. Furthermore, it was pointed out that the draft act concerns specific claims, such as calling someone a “thief” or “criminal”—which are verifiable—and that the criminalization of statements should purposefully limit only factual claims, not opinions or general statements, where over-interpretation is prohibited. Finally, speakers referred to the need for negotiations, and it was decided to reject the draft act in the first reading and remove it from the proceedings. The next item on the agenda was the planned first reading of Draft Act 404, but its proceeding proved impossible due to the absence of the presenters in the hall.
Decisions Made 1
Bill 411 was rejected during its first reading and is hereby removed from the legislative process. The voting result was 38 in favor, 1 against, and 0 abstentions. The next item on the agenda, the first reading of Bill 404, could not proceed because the rapporteurs were not present in the chamber; consequently, the session for the day concluded, and the debate will resume on subsequent days in accordance with the Rules of Procedure.
Most Active Speaker
The most active speaker was srHAk7kXYU4, whose address was reportedly delivered twice during the session. Their role appears to be that of a member of the Legal Committee (the exact party line is not clear from other data), holding a significant part in directing the discussion of the draft bill and leading the debate activity. Therefore, they can be described as falling under the political position category of “other” (muu), rather than representing a left- or right-wing alignment.
Aseesimees Toomas Kivimägi
AI Summary
The next item on the agenda is the first reading of Draft Act 411 on the amendment of the Penal Code, initiated by Riigikogu member Kalle Grünthal. Kalle Grünthal has been invited to present the bill, and he has been allocated 20 minutes for his presentation (he had requested 15 minutes).
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal argues that the violation of the presumption of innocence through media coverage or factual allegations is a serious problem. He cites the cases of Marti Kuusik, Kajar Lember, and Siim Kallas as examples, and is proposing a bill that would criminalize the making of knowingly false factual claims that damage a person's honor and reputation, providing for a monetary penalty or up to one year of imprisonment.
Aseesimees Toomas Kivimägi
AI Summary
The speaker thanks the audience, announces that there are no questions, asks Valdo Randpere to present the views of the leading committee, and notes that he now understands his attention throughout the entire presentation.
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioonAI Summary
Valdo Randpere brought up the importance of this debate regarding Grünthal's bill, emphasizing constitutional principles, media responsibility, and the side effects being discussed, but the committee decided not to implement and to reject the bill, and to appoint Valdo Randpere as the representative for the steering committee.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi announced that the lead committee’s proposal to reject the first reading of Bill 411 has been submitted, and preparations for the vote will commence.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi announced that draft bill 411 received 38 votes in favor, 1 against, and 0 abstentions, but failed to gain support and is therefore dropped from the procedure; the next item on the agenda would have been the first reading of draft bill 404, but as neither of the rapporteurs is present in the chamber, discussion is not possible, and the session is concluded.