How to complain if you believe that your freedom of expression has been unlawfully restricted?
Any measures or sanctions that restrict your freedom of expression must only be taken if they are:
- provided in law
- necessary to achieve a legitimate aim: the protection of the private life of others
- proportional
If the court or other law enforcement institution has issued restrictions on your freedom of expression which are not based on one of the criteria mentioned above, you have several ways to protect your rights:
Appeal
The unlawful restriction of your freedom of expression may also be related to the court’s mistake in applying the law. For example, in restricting your freedom of expression, the court may fail to assess and take into account the public interest in the information you have made public. In such cases, you may appeal the decision of the court of first instance to a higher court. If the higher court dismisses your appeal, you may submit a complaint to the Supreme Court, the decision of which is final.
If your complaint has been dismissed by the Supreme Court, you may submit a complaint to the European Court of Human Rights.
Constitutional complaint
In Estonia, the Supreme Court exercises the functions of the highest court in Estonia and the functions of the constitutional review court. Only the President, Chancellor of Justice, a local government council or the Parliament can submit requests to the Supreme Court for a constitutional overview of legislative acts. Therefore, usually, as an individual, you would not be allowed to submit a complaint directly to the Supreme Court for a constitutional overview of a legislative act if your freedom of expression has been restricted pursuant to a law you consider to be contrary to the rights guaranteed by the Estonian Constitution or the European Convention on Human Rights. However, the Supreme Court can decide to look into the complaint if it concludes that you have no other way to submit your claim and protect your rights.
If the Supreme Court decides to review your application and rejects it or confirms that the legal norm does not violate your freedom of expression, you may submit a complaint to the European Court of Human Rights.
If the Supreme Court refuses to review the application, if possible, you should bring your claim against the restriction of your freedom of expression under the administrative or criminal court procedure depending on the violation.
You can also file a notice of complaint to the Chancellor of Justice explaining your reasoning as to how your rights have been restricted and why a certain act is contrary to the Estonian Constitution or the European Convention on Human Rights. If the Chancellor of Justice agrees with your point of view, he/she can make a suggestion to modify the act for it to conform with the Constitution or file a notice with the Supreme Court suggesting to declare the legislative act void.