Kiri

Our 24.02.2022 No. 17-16/2022/343 Precept for restriction of audiovisual media PRECEPT Addressees of the precept Register Legal E-mail Company code Location representativ Phone addres Sõpruse pst e s 145, Kristiine Elisa city district, Teleteenuse [email protected], Tallinn, Harju allan.aedma a d AS County, 13425 372681 10069659 Andrus Hiiepuu 1963 @elisa.ee Sõpruse pst 145, Kristiine Elisa Eesti city district, [email protected], AS Tallinn, Harju allan.aedma a County, 13417 372681 10178070 Andrus Hiiepuu 1963 @elisa.ee Mustamäe tee 3, Kristiine Telia Eesti city district, [email protected], AS Tallinn, Harju Hans Robert Pajos Kristiina.Maas County, 15033 372639 10234957 7213 [email protected] Valukoja tn 8/1, Lasnamäe Tele2 Eesti district, Tallinn, [email protected] Aktsiaselts Harju County, Christopher Alan , 11415 372686 taivo.kendla@ 10069046 Robbins 6230 tele2.com Valge tn 6-4, Lasnamäe city district, Tallinn, [email protected], Harju County, aleksander.kaa AS STV 11413 372688 10059388 Dmitri Kuzmin 0500 [email protected] Endla 10a / 10122 Tallinn / tel 667 2000 / fax 667 2001 / [email protected] / www.ttja.ee Registry code 70003218 Public Õismäe tee Limited 57a, Haabersti Company city district, 372657 [email protected] Telset Tallinn, Harju 10098483 County, 13515 Viktor Gaidušin 1101 e Kudruküla tn Private 10a-1, Narva- Limited Jõesuu city, Company Narva-Jõesuu city, Ida-Viru 372555 juriandrejev@ Intet Side 81766 mail.ru 12086969 county, 29021 Juri Andrejev PRIVATE Juhtme tn 22- LIMITED 20 Peetri COMPANY hamlet, Rae 372502 lassonia@hot. LASSONIA parish, Harju 8270 ee 10556359 County, 10112 Aleksei Aleksejev Tulbi tee 6, Rae village, Rae parish 372562 info@cit yn et.e Harju Citynet OÜ 12814707 County, Harri Neppi 26677 e 75310 Sompa tn 6, Private Jõhvi city, Limited 10132949 Jõhvi parish, 372337 Company Ida-Viru Uus county, 41533 Eeri Rässa 1064 [email protected] Programm Pärnu mnt 139c/2, Kesklinna city Levikom district, Tallinn, Harju County, 372675 info@levikom Eesti OÜ 12678473 Peep Põldsamm 6500 .ee 11317 Karja tn 5-5, Private Narva city, Ida- Limited Viru county, Jekaterina 372552 [email protected] Company Fill 11481014 20306 Morozova 2781 e Networks Rohu tn 6a Private Kuressaare Limited city, Saaremaa Company rural municipality 372452 Teetormaj 0200 [email protected] a 10297294 Saare County, Avo Maasik 93819 Ringi tn 31, Sindi town, OÜ SINDI Tori parish, 372564 sindi.telekom TELECOM Pärnu County, 11185505 86703 Tõnu Tarikas 2357 @gmail.com Harju private County, limited Loksa town, company 372514 loksatv@gmai Posti street 42- Kristina 7377 l.com Djuk-Sat 10593662 54 Stensbjer 74805 g E. Vilde tn 12- 6, City of JURI Narva-Jõesuu, 372555 juriandrejev@ 10338800 Juri Andrejev ANDREJEV Narva-Jõesuu 81766 mail.ru 2 (6)  city, Ida- Viru county, 29022 tn 4a-27, Laine Private Pärnu city, Limited Pärnu city, Company Pärnu County, Vjatšeslav 372545 aljansktv@hot Aljans KTV Makaronski 11833 .ee 10468135 80016 Suurtüki tn 8, Põhja- Tallinna city district, Tallinn, Harju Infonet AS County, 10133 372640 info@infonet. 10096260 Andrei Leškin 0000 ee Harju County, Tallinn, kristel.aarna@ Lasnamäe tv3.ee, AS TV Play city Baltics Kristel Aarna 372698 [email protected] district, e 10308880 Peterburi tee (procurator) 9000 81, 13816 Harju County, Tallinn, legal@postim Kesklinna city ees grupp.e e, OMG TV OÜ district, Tartu 372502 pert.lomp@ap 16030629 mnt 80, 10112 Pert Lomp 7176 oll o.tv Kloostrimetsa tee 58a, Pirita city district, Tallinn, Harju AS Levira County, 15026 372680 levira@levira. 10203566 Veiko Sepp 4000 ee Legal bases for the precept The Consumer Protection and Technical Surveillance Authority (hereinafter TTJA) makes the following precept under the provisions of §§ 51, 52, 54, and 56 of the Media Services Act and Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in the Member States concerning the provision of audiovisual media services, as amended by Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 (hereinafter the AVMS Directive), with the following resolution and recital. Time and place of issue of the precept 24.02.2022, Tallinn RESOLUTION 1. Terminate the retransmission of the following television programs on the territory of the Republic of Estonia: 3 (6)  1.1. RTR Planeta 1.2. NTV Mir and NTV Mir Baltic 1.3. Rossia 24 1.4. Belarus 24 1.5. TV Centre International (TVCI) 2. The obligation specified in clause 1 of the resolution of this precept is valid for 12 months. 3. The precept is binding immediately. The fulfillment of the precept must be notified to the e-mail address [email protected] no later than 25.02.2022. If any of the addressees of the precept does not retransmit, the channel referred to in paragraph 1 of the resolution, the resolution of the precept shall be disregarded in this respect. STATEMENT OF GROUNDS 1. The TTJA found that on 24.02.2022, the television programs mentioned in the resolution of this precept were broadcast in the context of the speech of the President of the Russian Federation, which can be considered as a justification for the military attack, incitement, and violation of general principles of international law. The speech was broadcast on 24 February 2022 on the following television programs: 1) RTR Planeta 2) NTV Mir and NTV Mir Baltic 3) Rossia 24 4) Belarus 24 5) TV Centre International (TVCI) 2. The Russian President's speech, or part of it, was presented in the context of inciting hatred against Ukrainians and justifying a violation of international law and a military attack. Thus, the transmission of an audiovisual media service in the listed television programs has infringed the prohibition on incitement to commit an offense, has undermined public security, including the safeguarding of national security and defense, and has posed a significant threat to public security. This violates the requirements provided for in subsection 19 (1) of the Media Services Act. 3. In addition, the TTJA has identified the need for immediate action to prevent damage to the security of society or to protect the public interest as a result of the delay. 4. This is in line with European Union law. Under Article 3 (3) of the AVMS Directive, a Member State may temporarily derogate from the freedom to receive and retransmit an audiovisual media service, where an audiovisual media service provided by a media service provider under the jurisdiction of another Member State manifestly, seriously and gravely infringes Article 6 (1) (b) or undermines public security, including national security and defense, or poses a serious and great threat to the security of society, including the safeguarding of national security and defense. 5. Directive 2010/13/EU of the European Parliament and of the Council has been transposed into national law by the Media Services Act. Directive (EU) 2018/1808 of the European Parliament and of the Council 14 November 2018, amending Directive 2010/13/EU has entered into force, and the Member States were required to transpose it into national law by 19 September 2020 at the latest. Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU was transposed into national law by the Riigikogu with the Act Amending the Media Services Act and the Act Amending Other Acts 16.02.2022. 6. Under Article 3 (5) of the AVMS Directive, a Member State may, in cases of urgency, derogate from the conditions laid down in Article 3 (3) (a) and (b) no later than one month after the alleged infringement (previous infringement within 12 months and notification in writing to the media service provider, the Member State within whose jurisdiction the provider falls, 4 (6) and to the Commission of the alleged infringement and of the proportionate measures to be taken). Therefore, in cases of urgency, a Member State has the right to immediately suspend the provision of an audiovisual media service and then to notify the decision of the Commission and the Member State having jurisdiction over the media service provider, stating why the Member State considers the case urgent. 7. Russia's neighboring country Russia's military attack on Ukraine on 24 February 2022 necessitates urgent action to prevent damage to the security of society, to ensure national security and national defense. WARNING FOR APPLICATION OF COERCIVE MEASURES 8. If the resolution of the precept is not complied with by the specified term, TTJA has the authority to impose a penalty payment of 15,000 euros on the addressee of the precept pursuant to § 56 of the Media Services Act and 30,000 euros in the event of repeated non- compliance with the precept. 9. Upon application of penalty payment, TTJA shall set a term for the voluntary payment of the penalty payment. If the penalty payment is not paid by the due date, TTIJA shall apply to the Chamber of Bailiffs and Trustees in Bankruptcy pursuant to § 9 (1) of the Substitutive Enforcement and Penalty Payment Act (SEPPA) and § 2 (1) 11) and § 231 of the Code of Enforcement Procedure (CEP). REFERENCE TO CHALLENGE A person who considers that a precept violates his or her rights has the right to file a challenge to the Director-General of the Consumer Protection and Technical Surveillance Authority within 30 calendar days as of becoming aware of such circumstance (Endla 10a, 10122 Tallinn, e-mail [email protected]) pursuant to the procedure provided for in the Code of Administrative Procedure or a complaint to the Tallinn Administrative Court (Tallinn Court House, Pärnu mnt 7, 15082 Tallinn, e-mail [email protected]). Filing a complaint shall not suspend the execution of a precept or the application of a coercive measure, unless the Consumer Protection and Technical Surveillance Authority or the court decides otherwise. Delivery of the precept The precept shall be sent to the e-mail addresses entered in the commercial register of the addressees of the precept. Official issuing the precept: /digitally signed/ Ulrika Paavle head of the Business Department 5 (6)  Ms Anna Herold Head of Audiovisual and Media Services Policy Unit Our Ref: 26.04.2022 No 17-16/2022/670 Directorate-General for Communications Networks, Content and Technology European Commission [email protected] Ms Charlotte Ingvar-Nilsson Director General Swedish Press and Broadcasting Authority [email protected] Transmission of Precept No. 17-16/2022/343 The urgency of restricting the television programs RTR Planeta and TVCI Dear colleagues, 1. The Estonian Consumer Protection and Technical Regulatory Authority (TTJA), as the regulatory authority of the Republic of Estonia pursuant to Directive 2018/1808 of the European Parliament and of the Council (AVMS Directive), hereby submits the reasons for applying the urgent restriction described in Article 3 (5) of the Directive. 2. First, we provide further descriptions of the prohibited media content of the television programs RTR Planeta and TVCI covered by the Precept. Second, we argue that neither RTR Planeta nor TVCI falls within the protection of Article 3 of the AVMS Directive. Thirdly, should the Commission disagree with the previous argument, we will justify the need for the restriction and the urgency of the restriction. 1. FACTUAL DESCRIPTION OF THE MEDIA SERVICES I. RTR Planeta broadcasts 3. The TTJA found that there were the following episodes broadcast on the television channel RTR Planeta mentioned in the Resolution of the precept No. 17-16/2022/343 of 24.02.2022. Extracts have been translated from Russian into Estonian. 17.02.2022 talk show "Evening with Vladimir Solovyov" Endla 10a / 10122 Tallinn / ESTONIA Phone: +372 667 2000 / Fax: +372 667 2001 / E-mail: [email protected] / http://www.ttja.ee 1. The participants of the show discuss events related to Ukraine. The conversation develops a narrative that Russia stands for peace, but the policies of Western and NATO leaders have become policies of lies, and their hysteria is inciting war. The program emphasizes and will continue to emphasize that the Baltic States must, in essence, be considered the territory of the Russian state. 2. Between 23.41.10 and 23:41:55, Karen Shahnazarov, who took part in the debate, stated that: "They [meaning the West and NATO] have already arrived in Ukraine; they are already in the Baltics, but it is the territory of the former USSR, it is the territory of our country [i.e., the territory of the Russian Federation]." Shahnazarov says that they (meaning the West and NATO) have already moved close to St. Petersburg. They are already in Georgia and Azerbaijan, and he rhetorically asks where and for whom there is a red line. Neither the presenter nor anyone else participating in the discussion finds such an opinion to be questionable. The opinion expressed that "/../ The Baltics are the territory of our country (Russia) /../." poses an immediate and clear threat to the security and territorial integrity of the sovereign Baltic States. 18.02.2022 talk show "60 minutes." 3. The participants of the show discuss events related to Ukraine. They express the opinion that Ukraine is regularly shooting at the Donbas people and that Ukraine has mobilized large forces on the Donbas front line. According to the positions presented in the program, the Ukrainian forces guarding the occupied Donbas front line are mainly radicals, aggressive nationalists, and terrorists. In essence, information is published depicting Ukraine as an aggressor seeking to attack the territory of Donbas and allegedly provoke a military conflict or commit terrorist offenses. The program discloses information that does not correspond to reality and depicts it in a reverse way, as if Ukraine were attacking Donbas and as if it is not an occupied territory of Russia. 4. Neither the presenter nor any other participant in the discussion finds such an opinion questionable, nor do they express the opposite opinion. 20.02.2022 program "News of the week" 5. The program covers the week's events in Russia and around the world. Possible theories about the war between Ukraine and Russia are discussed. The view is expressed that the Americans and the British want a war, but Volodymyr Zelensky (the President of Ukraine) and the Ukrainian Nazis certainly need it. 6. Between 19.30.32 and 19.30.49, information follows that the State Duma of the Russian Federation has decided to call on the President to recognize the Donetsk and Lugansk People's Republics. This is an immediate and clear signal of a threat to the integrity of Ukraine's territory and national security, albeit a diplomatic but direct attack on Ukraine's sovereignty. 21.02.2022 talk show "60 minutes." 7. The program is hosted by Olga Skabeyeva, and the participants discuss the situation and events in Ukraine. During the show, participants clearly express a negative and contemptuous attitude towards the Ukrainian state, its people; participants call for a change of power in Ukraine illegally and through possible war; participants call for military aggression to gain control of the Ukrainians and the Ukrainian state, an image is created of Ukraine as a country preparing for a military attack as if the West were inciting war as if the Ukrainians as a whole were incorrigible criminals. No countervailing, contradictory views or views considering such an approach questionable are expressed. Among other things, the following points are made. 2 (20) 8. Between 12.07.22 and 12.08.15, Igor Korochenko, editor-in-chief of the Russian National Defense magazine, gives an opinion on how Russia should react to the situation in Donbas: "The collective West is actively leading Ukraine towards war. This war may become a reality today, and in fact, it has already begun. There is an informative guarantee of this war. And the question is how Russia will react to this. It goes without saying that we hope that diplomatic methods have not yet been exhausted. Every effort must be made to ensure that war does not become a reality. However, if this becomes a reality, we must talk about a new restructuring of Ukraine so that the state would be neutral, outside the blocs, with a political government that does not threaten peace and security the way it does today. And in fact, today's Ukraine ignites the igniter of World War III. Every effort must be made to ensure that this does not become a reality." 9. Between 12.24.29 and 12.25.23, Mikhail Delyagin, Deputy Chairman of the Economic Policy Committee of the Russian State Duma, says about Russia's relations with Ukraine since 2014: "The events of the last eight years raise the question of the existence of Russian statehood. For eight years, we have been feeding a mad fascist regime, and we are feeding 'rabid dogs' [meaning Ukrainians]. We caress them and speak in a soft voice. Is there someone who does not know that even if you feed and pet a rabid dog, it will bite you anyway because it is rabid? And now, please, tens of thousands, hundreds of thousands of refugees are coming. This is an extremely serious humanitarian situation in the territories bordering the Russian Federation. Excuse me, please, but if you release a hundred, one and a half hundred "Calibers" (meaning the Russian cruise missile Caliber) that this aggression would not occur, that all those "wild animals" [meaning Ukrainians] who are currently killing people in Donetsk and Lugansk would be just wiped off the ground? That would be much more economical, sorry, both economically and in terms of human lives." 21.02.2022 special program "News." 10. The program is hosted by Ernest Mackevičius and features excerpts from an extended meeting of the Security Council of the Russian Federation; there is information that calls into question the legitimacy of Ukraine's statehood, the existence of the state of Urkaina, and its territorial integrity; calls are being made that threaten Ukraine's territorial integrity and Ukraine's national security. Among other things, the following points are made. 11. From 15.52.47 to 15.53.56, Vladimir Putin (President of the Russian Federation): " And so after the coup d'état in Ukraine in 2014, part of the country's population did not agree with the coup. I want to reiterate that it was unconstitutional and bloody because many innocent people lost their lives during these events. It was indeed an armed coup. Honestly, there is no dispute about this. I repeat, some of the country's citizens did not agree with this coup, and it affected the people of Crimea, as well as those who lived and still live in the Donbas. The people announced that they would establish two independent republics, the Donetsk People's Republic and the Lugansk People's Republic. From that moment on, the confrontation between Kyiv and the people living in that territory began." 12. Between 15.56.18 and 15.57.08, Vladimir Putin: "The purpose of our sitting today is to hear colleagues and determine our next steps in this direction, given that the leaders of the Donetsk People's Republic and the Lugansk People's Republic have called on Russia to recognize their sovereignty and that the State Duma of the Russian Federation has adopted a resolution calling on the President to recognize the independence and sovereignty of the Donetsk People's Republic and the Lugansk People's Republic. 13. Between 16.52.53 and 16.54.12, Vyacheslav Volodin, Speaker of the State Duma of the Russian Federation (representing the State Duma of the Russian Federation): "[…] We assumed that the situation in the DRV [abbreviation of the Donetsk People's Republic] and the LRV [abbreviation of the Lugansk People's Republic] had become critical and that our decision was 3 (20) based primarily on humanitarian considerations, as people are dying and it is not ending. Envoys say Kyiv is deliberately delaying and sabotaging the Minsk agreement. This is unacceptable, and in making the decision, of course, we realized that our citizens, the citizens of our country, our compatriots, live there. The number of applicants wishing to obtain Russian citizenship is 1,200,000. Nearly 800,000 have already acquired citizenship, but there are many more who want to. So it is first and foremost a matter of protecting the citizens of our country and our compatriots. We also assume that the situation has not changed in eight years. Moreover, despite the involvement of representatives of other countries in resolving this issue, Kyiv is sabotaging all its commitments. Therefore, Vladimich (addresses Vladimir Putin), we ask you to review the address of the State Duma and to recognize the People's Republics of Donetsk and Lugansk." 21.02.2022 "60 Minutes" talk show (21 February second show - special show) 14. The program shows and comments on excerpts from the news program "Vesti," where recordings of the extended meeting of the Security Council of the Russian Federation were broadcast. 15. Between 17.43.08 and 14.43.53, Denis Pushilin (leader of the self-proclaimed Donetsk People's Republic) calls on the President of the Russian Federation, Vladimir Putin, to recognize the independence of the Donetsk People's Republic: "In order to establish international legal personality and, as a result, to allow full military resistance to the aggression of the Ukrainian government to prevent civilian casualties and the destruction of infrastructure and housing, on behalf of the entire Donetsk People's Republic, please recognize the Donetsk State as an independent, democratic and legitimate social state. Please also consider concluding a friendship and cooperation agreement between the Donetsk People's Republic and the Russian Federation, which provides for defense cooperation." 16. Between 17.43.54 and 17.44.50, Leonid Pasechnik (leader of the self-proclaimed People's Republic of Lugansk) calls on the President of the Russian Federation, Vladimir Putin, to recognize the independence of the People's Republic of Lugansk: "In February of this year, the envoys of the State Duma of the Russian Federation sent a call addressed to you with a request to recognize the independence of the republics of Donbas. Dear Vladimir Vladimirovich, in order to prevent the mass deaths of civilians, three hundred thousand of whom are Russian citizens, please recognize the sovereignty and independence of the Lugansk People's Republic. Please also consider concluding a friendship and cooperation agreement between the Lugansk People's Republic and the Russian Federation, which provides for cooperation in the field of defense." II. TV Center International (TVCI) broadcasts 17. The TTJA found that there were the following episodes broadcast on the television channel RTR Planeta mentioned in the Resolution of the precept No. 17-16/2022/343. Extracts have been translated from Russian into Estonian. 21.02.2022 news program "Events." 18. The program broadcasts the speech of the President of the Russian Federation, Vladimir Putin, and video clips of the events in Ukraine. Participants express the opinion that Ukraine is regularly shooting at the Donbas people and that Ukraine has mobilized large forces on the Donbas front line. The forces are called radicals, aggressive nationalists, and terrorists who allegedly threaten peaceful sovereign states. Information is broadcast depicting Ukraine as an aggressor trying to attack the territory of Donbas. The presenter does not question the information heard in the video clips, and the broadcast does not reflect any other views than those heard in the clips. 4 (20) 19. Between 22.30.48 and 22.35.58, a video clip is broadcast with the speech by Vladimir Putin, President of the Russian Federation, addressing the Russians and saying, among other things, that "Today's Ukraine was created completely and entirely by communist Russia, and the process began virtually immediately after the 1917 revolution. Before and after World War II, Stalin gave the Soviet Union some land that had previously belonged to Poland, Romania, and Hungary. In 1954, for some reason, Khrushchev took Crimea away from Russia and donated it to Ukraine. That is how the territory of Soviet Ukraine was formed." In addition, the President of the Russian Federation, Vladimir Putin states in his speech that he does not recognize the independence of the Ukrainian state. 20. Between 22.36.00 and 22.42.36, a video clip is broadcast on the fact that the President of the Russian Federation has convened a meeting of the Security Council to decide on the recognition of the independence of the Donetsk and Lugansk "People's Republics," where, among other things, in response to a question posed by Vladimir Putin at a meeting of the Russian Security Council on Ukraine's compliance with the Minsk agreement, Dmitry Kozak, a spokesman for the Russian Security Council, said that in the normal course of events, the Kyiv government will never fulfill the Minsk agreement. Views are presented according to which the Ukrainians do not want peaceful negotiations on the territories of Donetsk and Lugansk, which is why the leaders of the Donetsk and Lugansk republics are calling on Russia to recognize the independence of the Donetsk and Lugansk republics. 21. Between 22.40.36 and 22.40.57, Leonid Pasechnik (the self-appointed leader of the Lugansk territory) says: "In order to prevent the mass deaths of civilians, 300,000 of whom are Russian citizens, please recognize the sovereignty and independence of the Lugansk People's Republic." 22. Between 22:40:58 and 22:41:25, Denis Pushilin (leader of the Donetsk region) says: "On behalf of the entire people of the Donetsk People's Republic, please recognize the Donetsk People's Republic as an independent, democratic, and legitimate social state. Please also consider concluding a Friendship and Cooperation Agreement between the Donetsk People's Republic and the Russian Federation, which provides for defense cooperation." It is later noted that this decision was supported by the Security Council as a whole, showing several members of the Security Council speaking. For example, Vyacheslav Volodin, chairman of the Russian State Duma, says that various options have been proposed, but a majority of deputies, i.e., 351 out of 450 members of the Russian State Duma, voted in favor of immediately calling on the President for recognition of the Donetsk and Lugansk People's Republics. Russian Foreign Minister Sergei Lavrov says it will hopefully send a strong message to Russia, as it is no longer possible to watch the harassment of Russian citizens calmly. The Prime Minister of the Russian Federation, Mikhail Mishustin, says he supports it and will do everything necessary for Russia's economy and prosperity to develop and prosper. 23. The "Events," which aired on 22 February 2022 at 11.20 and 18.10, also reiterates Vladimir Putin's call for immediate decisions on the recognition of the independence and sovereignty of the Donetsk and Lugansk People's Republics. 21.02.2022 news program "Events" The Twenty-Fifth Hour." 24. The program continues with a speech by the President of the Russian Federation, Vladimir Putin, on the events in Ukraine and ends with an interview with Mikhail Deljagin, a member of the Russian State Duma. The program develops the narrative that Russia stands for peace, but the policies of Western countries and NATO leaders have become policies of lies, and their hysteria is fueling the war. Neither the host nor any of the participants or guests in the program question this position, nor does the program otherwise reflect a different understanding compared with the views expressed in the video clips. 5 (20) 25. From 00.41.58 onwards, a continuation of Vladimir Putin's speech of 21.02.2022 is shown, in which he states, inter alia, that NATO and the entire world are doing everything possible to stifle Russia's development and that sanctions against Russia have been imposed regardless of the situation in Ukraine and without any justification, only because it is Russia. Also that in the present case, "he considers it necessary to take long-considered decisions and immediately to recognize the independence and sovereignty of the Donetsk and Lugansk People's Republics" and calls on the Federal Council of the Russian Federation to support it and to ratify the friendship and cooperation agreements with both republics. By acknowledging the independence and sovereignty of the "People's Republics" of Donetsk and Lugansk, the Russian President is thus supporting a violation of the sovereignty of the Ukrainian state, endangering not only the security of the Ukrainian state but also potentially other independent states. 26. From 01.03.39 to 01.08.04, the program hosts Mikhail Deljagin, a member of the Russian State Duma. Among other things, the presenter says that Russia is constantly driven into the "corner," is plagued by pointless negotiations, is threatened with sanctions that will definitely come, and that Russia is facing "hysteria in the Western world." The guest of the show, Mikhail Deljagin, replies that the Western world has no real opportunity and that all the painful things they could do they already did in 2015, so the sanctions are aimed only at the public. Neither the authors nor other guests questioned the veracity of the views expressed in the broadcast, and no alternative views to the narrative or other information were reflected. III. The speech broadcast on the television programs mentioned in the precept resolution 27. The TTJA established that on 24.02.2022, the television channels mentioned in the Resolution of the precept No. 17-16/2022/343 broadcast a speech by the President of the Russian Federation, Vladimir Putin. The speech has been translated from Russian into Estonian. No balancing information containing the views of Ukraine or Western countries was provided in the speech. 28. "I consider it necessary today to speak again about the tragic events in Donbas and the key aspects of ensuring the security of Russia. I will begin with what I said in my address on 21 February 2022. I spoke about our biggest concerns and worries - about the fundamental threats that irresponsible Western politicians created for Russia consistently, rudely, and unceremoniously from year to year. I am referring to the eastward expansion of NATO, which is moving its military infrastructure ever closer to the Russian border. It is a fact that over the past 30 years, we have been patiently trying to come to an agreement with the leading NATO countries regarding the principles of equal and indivisible security in Europe. In response to our proposals, we invariably faced either cynical deception and lies or attempts at pressure and blackmail. At the same time, the North Atlantic alliance continued to expand despite our protests and concerns. Its military machine is moving and, as I said, is approaching our very border. Why is this happening? Where did this insolent manner of talking down from the height of their exceptionalism, infallibility, and all-permissiveness come from? What is the explanation for this contemptuous and disdainful attitude to our interests and absolutely legitimate demands? The answer is simple. Everything is clear and obvious. In the late 1980s, the Soviet Union grew weaker and subsequently broke apart. That experience should serve as a good lesson for us. It has shown us that the paralysis of power and will is the first step toward complete degradation and oblivion. We lost confidence for only one moment, but it was enough. The balance of forces in the world was disrupted. As a result, the old treaties and agreements are no longer effective. Entreaties and requests do not help. Anything that does not suit the dominant state, the powers that be, is denounced as archaic, 6 (20) obsolete, and useless. At the same time, everything it regards as useful is presented as the ultimate truth and forced on others regardless of the cost, abusively and by any means available. Those who refuse to comply are subjected to strong-arm tactics. What I am saying now does not concern only Russia, and Russia is not the only country that is worried about this. This has to do with the entire system of international relations and sometimes even US allies. The collapse of the Soviet Union led to a re-division of the world. The norms of international law that developed by that time – and the most important of them, the fundamental norms that were adopted following WWII and largely formalized its outcome – came in the way of those who declared themselves the winners of the Cold War. Of course, practice, international relations, and the rules regulating them had to take into account the changes that took place in the world and in the balance of forces. However, this should have been done professionally, smoothly, patiently, and with due regard and respect for the interests of all states and one's own responsibility. Instead, we saw a state of euphoria created by the feeling of absolute superiority, a kind of modern absolutism, coupled with the low cultural standards and arrogance of those who formulated and pushed through decisions that suited only themselves. The situation took a different turn. There are many examples of this. First, a bloody military operation was waged against Belgrade, without the UN Security Council's sanction but with combat aircraft and missiles used in the heart of Europe. The bombing of peaceful cities and vital infrastructure went on for several weeks. I have to recall these facts because some Western colleagues prefer to forget them, and when we mentioned the event, they prefer to avoid speaking about international law, instead emphasizing the circumstances which they interpret as they think necessary. Then came the turn of Iraq, Libya, and Syria. The illegal use of military power against Libya and the distortion of all the UN Security Council decisions on Libya ruined the state, created a huge seat of international terrorism, and pushed the country towards a humanitarian catastrophe, into the vortex of a civil war, which has continued there for years. The tragedy, which was created for hundreds of thousands and even millions of people not only in Libya but in the whole region, has led to a large-scale exodus from the Middle East and North Africa to Europe. A similar fate was also prepared for Syria. The combat operations conducted by the Western coalition in that country without the Syrian government's approval or UN Security Council's sanction can only be defined as aggression and intervention. But the example that stands apart from the above events is, of course, the invasion of Iraq without any legal grounds. They used the pretext of allegedly reliable information available in the United States about the presence of weapons of mass destruction in Iraq. To prove that allegation, the US Secretary of State held up a vial with white powder publicly for the whole world to see, assuring the international community that it was a chemical warfare agent created in Iraq. It later turned out that all of that was a fake and a sham and that Iraq did not have any chemical weapons. Incredible and shocking but true. We witnessed lies made at the highest state level and voiced from the high UN rostrum. As a result, we see a tremendous loss in human life, damage, destruction, and a colossal upsurge of terrorism. Overall, it appears that nearly everywhere, in many regions of the world where the United States brought its law and order, this created bloody, non-healing wounds and the curse of international terrorism and extremism. I have only mentioned the most glaring but far from only examples of disregard for international law. This array includes promises not to expand NATO eastwards even by an inch. To reiterate: they have deceived us, or, to put it simply, they have played us. Sure, one often hears that politics is a dirty business. It could be, but it shouldn't be as dirty as it is now, not to such an extent. This type of con-artist behavior is contrary not only to the principles of international relations but also and 7 (20) above all, to the generally accepted norms of morality and ethics. Where are justice and truth here? Just lies and hypocrisy all around. Incidentally, US politicians, political scientists, and journalists write and say that a veritable "empire of lies" has been created inside the United States in recent years. It is hard to disagree with this – it is really so. But one should not be modest about it: the United States is still a great country and a system-forming power. All its satellites not only humbly and obediently say yes to and parrot it at the slightest pretext but also imitate its behavior and enthusiastically accept the rules it is offering them. Therefore, one can say with good reason and confidence that the whole so-called Western bloc formed by the United States in its own image and likeness is, in its entirety, the very same "empire of lies." As for our country, after the disintegration of the USSR, given the entire unprecedented openness of the new, modern Russia, its readiness to work honestly with the United States and other Western partners, and its practically unilateral disarmament, they immediately tried to put the final squeeze on us, finish us off, and utterly destroy us. This is how it was in the 1990s and the early 2000s when the so-called collective West was actively supporting separatism and gangs of mercenaries in southern Russia. What victims, what losses we had to sustain! What trials we had to go through at that time before we broke the back of international terrorism in the Caucasus! We remember this and will never forget it. Properly speaking, the attempts to use us in their own interests never ceased until quite recently: they sought to destroy our traditional values and force on us their false values that would erode us, our people, from within. The attitudes they have been aggressively imposing on their countries, attitudes that are directly leading to degradation and degeneration because they are contrary to human nature. This is not going to happen. No one has ever succeeded in doing this, nor will they succeed now. Despite all that, in December 2021, we made yet another attempt to reach an agreement with the United States and its allies on the principles of European security and NATO's non-expansion. Our efforts were in vain. The United States has not changed its position. It does not believe it necessary to agree with Russia on a matter that is critical for us. The United States is pursuing its own objectives while neglecting our interests. Of course, this situation begs the question: what next? What are we to expect? If history is any guide, we know that in 1940 and early 1941, the Soviet Union went to great lengths to prevent war or at least delay its outbreak. To this end, the USSR sought not to provoke the potential aggressor until the very end by refraining or postponing the most urgent and obvious preparations it had to make to defend itself from an imminent attack. When it finally acted, it was too late. As a result, the country was not prepared to counter the invasion by Nazi Germany, which attacked our Motherland on 22 June 1941 without declaring war. The country stopped the enemy and went on to defeat it, but this came at a tremendous cost. The attempt to appease the aggressor ahead of the Great Patriotic War proved to be a mistake that came at a high cost for our people. In the first months after the hostilities broke out, we lost vast territories of strategic importance, as well as millions of lives. We will not make this mistake the second time. We have no right to do so. Those who aspire to global dominance have publicly designated Russia as their enemy. They did so with impunity. Make no mistake; they had no reason to act this way. It is true that they have considerable financial, scientific, technological, and military capabilities. We are aware of this and have an objective view of the economic threats we have heard, just as our ability to counter this brash and never-ending blackmail. Let me reiterate that we have no illusions in this regard and are extremely realistic in our assessments. As for military affairs, even after the dissolution of the USSR and losing a considerable part of its capabilities, today's Russia remains one of the most powerful nuclear states. Moreover, it has a 8 (20) certain advantage in several cutting-edge weapons. In this context, there should be no doubt for anyone that any potential aggressor will face defeat and ominous consequences should it directly attack our country. At the same time, technology, including in the defense sector, is changing rapidly. One day there is one leader and tomorrow another, but a military presence in territories bordering on Russia, if we permit it to go ahead, will stay for decades to come or maybe forever, creating an ever- mounting and totally unacceptable threat for Russia. Even now, with NATO's eastward expansion, the situation for Russia has been becoming worse and more dangerous by the year. Moreover, these past days NATO leadership has been blunt in its statements that they need to accelerate and step-up efforts to bring the alliance's infrastructure closer to Russia's borders. In other words, they have been toughening their position. We cannot stay idle and passively observe these developments. This would be an absolutely irresponsible thing to do for us. Any further expansion of the North Atlantic alliance's infrastructure or the ongoing efforts to gain a military foothold of the Ukrainian territory is unacceptable to us. Of course, the question is not about NATO itself. It merely serves as a tool of US foreign policy. The problem is that in territories adjacent to Russia, which I have to note is our historical land; a hostile "anti-Russia" is taking shape. Fully controlled from the outside, it is doing everything to attract NATO armed forces and obtain cutting-edge weapons. For the United States and its allies, it is a policy of containing Russia, with obvious geopolitical dividends. For our country, it is a matter of life and death, a matter of our historical future as a nation. This is not an exaggeration; this is a fact. It is not only a very real threat to our interests but to the very existence of our state and to its sovereignty. It is the red line that we have spoken about on numerous occasions. They have crossed it. This brings me to the situation in Donbas. We can see that the forces that staged the coup in Ukraine in 2014 have seized power, are keeping it with the help of ornamental election procedures, and have abandoned the path of a peaceful conflict settlement. For eight years, for eight endless years, we have been doing everything possible to settle the situation by peaceful political means. Everything was in vain. As I said in my previous address, you cannot look without compassion at what is happening there. It became impossible to tolerate it. We had to stop that atrocity, that genocide of the millions of people who live there and who pinned their hopes on Russia, on all of us. It is their aspirations, the feelings, and the pain of these people that were the main motivating force behind our decision to recognize the independence of the Donbas people's republics. I would like to additionally emphasize the following. Focused on their own goals, the leading NATO countries are supporting the far-right nationalists and neo-Nazis in Ukraine, those who will never forgive the people of Crimea and Sevastopol for freely making a choice to reunite with Russia. They will undoubtedly try to bring the war to Crimea just as they have done in Donbas, to kill innocent people just as members of the punitive units of Ukrainian nationalists and Hitler's accomplices did during the Great Patriotic War. They have also openly laid claim to several other Russian regions. If we look at the sequence of events and the incoming reports, the showdown between Russia and these forces cannot be avoided. It is only a matter of time. They are getting ready and waiting for the right moment. Moreover, they went as far as aspire to acquire nuclear weapons. We will not let this happen. 9 (20) I have already said that Russia accepted the new geopolitical reality after the dissolution of the USSR. We have been treating all new post-Soviet states with respect and will continue to act this way. We respect and will respect their sovereignty, as proven by the assistance we provided to Kazakhstan when it faced tragic events and a challenge in terms of its statehood and integrity. However, Russia cannot feel safe, develop, and exist while facing a permanent threat from the territory of today's Ukraine. Let me remind you that from 2000 to 2005, we used our military to push back against terrorists in the Caucasus and stood up for the integrity of our state. We preserved Russia. In 2014, we supported the people of Crimea and Sevastopol. In 2015, we used our Armed Forces to create a reliable shield that prevented terrorists from Syria from penetrating Russia. This was a matter of defending ourselves. We had no other choice. The same is happening today. They did not leave us any other option for defending Russia and our people other than the one we are forced to use today. In these circumstances, we have to take bold and immediate action. The people's republics of Donbas have asked Russia for help. In this context, in accordance with Article 51 (Chapter VII) of the UN Charter, with permission of Russia's Federation Council, and in the execution of the treaties of friendship and mutual assistance with the Donetsk People's Republic and the Lugansk People's Republic, ratified by the Federal Assembly on 22 February, I made a decision to carry out a special military operation. The purpose of this operation is to protect people who, for eight years now, have been facing humiliation and genocide perpetrated by the Kyiv regime. To this end, we will seek to demilitarize and denazify Ukraine, as well as bring to trial those who perpetrated numerous bloody crimes against civilians, including against citizens of the Russian Federation. It is not our plan to occupy the Ukrainian territory. We do not intend to impose anything on anyone by force. At the same time, we have been hearing an increasing number of statements coming from the West that there is no need anymore to abide by the documents setting forth the outcomes of World War II, as signed by the totalitarian Soviet regime. How can we respond to that? The outcomes of World War II and the sacrifices our people had to make to defeat Nazism are sacred. This does not contradict the high values of human rights and freedoms in the reality that emerged over the post-war decades. This does not mean that nations cannot enjoy the right to self- determination, which is enshrined in Article 1 of the UN Charter. Let me remind you that the people living in territories which are part of today's Ukraine were not asked how they wanted to build their lives when the USSR was created or after World War II. Freedom guides our policy, the freedom to choose our future and the future of our children independently. We believe that all the people living in today's Ukraine, anyone who wants to do this, must be able to enjoy this right to make a free choice. In this context, I would like to address the citizens of Ukraine. In 2014, Russia was obliged to protect the people of Crimea and Sevastopol from those who you yourself call "nazis." The people of Crimea and Sevastopol made their choice in favor of being with their historical homeland, Russia, and we supported their choice. As I said, we could not act otherwise. The current events have nothing to do with a desire to infringe on the interests of Ukraine and the Ukrainian people. They are connected with defending Russia from those who have taken Ukraine hostage and are trying to use it against our country and our people. I reiterate: we are acting to defend ourselves from the threats created for us and from a worse peril than what is happening now. I am asking you, however hard this may be, to understand this and to work together with us so as to turn this tragic page as soon as possible and to move forward together without allowing anyone to interfere in our affairs and our relations but developing them independently, so as to create favorable conditions for overcoming all these problems and to 10 (20) strengthen us from within as a single whole, despite the existence of state borders. I believe in this, in our common future. I would also like to address the military personnel of the Ukrainian Armed Forces. Comrade officers! Your fathers, grandfathers, and great-grandfathers did not fight the Nazi occupiers and did not defend our common Motherland to allow today's neo-Nazis to seize power in Ukraine. You swore the oath of allegiance to the Ukrainian people and not to the junta, the people's adversary who is plundering Ukraine and humiliating the Ukrainian people. I urge you to refuse to carry out their criminal orders. I urge you to immediately lay down your arms and go home. I will explain what this means: the military personnel of the Ukrainian army who do this will be able to freely leave the zone of hostilities and return to their families. I want to emphasize again that all responsibility for the possible bloodshed will lie fully and wholly with the ruling Ukrainian regime. I would now like to say something very important for those who may be tempted to interfere in these developments from the outside. No matter who tries to stand in our way or, all the more so, create threats for our country and our people, they must know that Russia will respond immediately, and the consequences will be such as you have never seen in your entire history. No matter how the events unfold, we are ready. All the necessary decisions in this regard have been taken. I hope that my words will be heard. Citizens of Russia! The culture and values, experience, and traditions of our ancestors invariably provided a powerful underpinning for the well-being and the very existence of entire states and nations, their success, and viability. Of course, this directly depends on the ability to quickly adapt to constant change, maintain social cohesion, and readiness to consolidate and summon all the available forces in order to move forward. We always need to be strong, but this strength can take on different forms. The "empire of lies," which I mentioned at the beginning of my speech, proceeds in its policy primarily from rough, direct force. This is when our saying on being "all brawn and no brains" applies. We all know that having justice and truth on our side is what makes us truly strong. If this is the case, it would be hard to disagree with the fact that it is our strength and our readiness to fight that is the bedrock of independence and sovereignty and provide the necessary foundation for building a reliable future for your home, your family, and your Motherland. Dear compatriots, I am certain that devoted soldiers and officers of Russia's Armed Forces will perform their duty with professionalism and courage. I have no doubt that the government institutions at all levels and specialists will work effectively to guarantee the stability of our economy, financial system, and social well-being, and the same applies to corporate executives and the entire business community. I hope that all parliamentary parties and civil society take a consolidated, patriotic position. At the end of the day, the future of Russia is in the hands of its multi-ethnic people, as has always been the case in our history. This means that the decisions that I made will be executed, that we will achieve the goals we have set, and reliably guarantee the security of our Motherland. I believe in your support and the invincible force rooted in the love for our Fatherland." 2. STATEMENT OF GROUNDS I. Summary 1. TTJT observed the television programs listed in Resolution No. 17-16 / 2022/343 of the Precept of 24.02.2022 and found that the television programs covered by the Resolution justified the military activities of the Russian Federation in the territory of the Republic of Ukraine and 11 (20) contained numerous incitement to hatred and violence against both Ukraine and Western countries, they do not recognize the sovereignty of independent states and incite war. Taken together, unilateral and unbalanced positions in television programs threaten the security of society, including national security and defense. Infringements of public security, including national security and defense, are prohibited in audiovisual media services. The television programs mentioned in the Resolution are available on the territory of the Republic of Estonia through the service provided by telecommunications operators and video-sharing platforms. 2. On 24.02.2022, the Russian Federation began military aggression against Ukraine, which necessitated urgent action in the Estonian public media to repel information that could harm public order and national security, including information that could incite hatred or propagate war and justify, conceal or downplay crimes against humanity and peace. The TTJA urgently made it clear that the television programs covered by the Resolution of precept No. 17-16/2022/343 publish and thus disseminate war propaganda, justify and support the Commission of a crime of aggression, and incite hatred and pose a threat to public order in Estonia. 3. The transmission of television programs had to be restricted in order to ensure public order, as well as to prevent, repel and make unavailable in public space, including the Internet, information inciting war propaganda and hatred. Among other things, it was dangerous from the point of view of public order and national security in Estonia to consciously and systematically disseminate information under the banner of freedom of the press and speech that may justify, conceal or reduce crimes against humanity and peace, including crimes against humanity (§ 89 of the Penal Code), genocide (§ 90 of the Penal Code), the crime of aggression (§ 91 of the Penal Code) and others. II. Regulation applicable to media services 4. The Regulation of the provision of media services is contained in the directives of the European Union. Directive 2010/13/EU of the European Parliament and of the Council has been transposed into national law by the Media Services Act. Directive of the European Parliament and of the Council (EU) 2018/1808, 14 November 2018 amending Directive 2010/13 / EU (hereinafter the AVMS Directive) has entered into force, and the Member States were required to transpose it into national law by 19 September 2020 at the latest. The AVMS Directive was transposed into national law by the Riigikogu on 16.02.2022 with the Act Amending the Media Services Act and Related Acts. 5. A television program is a television service that consists of deliberately arranged programs and is intended for simultaneous viewing. In the Precept, the television service in question is the television programs mentioned in the precept resolution. A retransmitter of a television program is a person who, by means of an electronic communications service, makes available to users a television program containing programs of the above channels. Media services broadcast in television programs must comply with the requirements of the AVMS Directive. 6. According to Article 1 (1) (a) of the AVMS Directive, the main purpose of an audiovisual media service, or any distinct part thereof, is to provide informational, entertainment, or educational programs to the public under the editorial responsibility of a media service provider. Article 3 (1) of the AVMS Directive imposes a general obligation on the Member States to ensure the freedom to receive audiovisual media services from the other Member States. 7. The free availability of media services plays an important role in today's society. At the same time, the possibilities of information mobility are also being used as weapons of information warfare, creating images suitable for distributors and sowing anger, creating panic and hatred in people. The activities of many so-called pro-Kremlin and Moscow-controlled TV channels and news portals are not even considered to be subject to freedom of the press and expression but are classified as dangerous weapons of information warfare. The use of Russian television programs 12 (20) as a weapon of information warfare has been confirmed by Margarita Simonyan, editor-in-chief of RT (Russia Today), who admitted in January 2018 that RT was created for the same purposes as the Russian Ministry of Defense and is a weapon of information warfare. In addition, Simonyan explained the following about information weapons: "Of course, information weapons are used at critical moments, and war is always a critical moment. And this is a war. It's a weapon like any other. Do you understand? And asking why we need it is more or less the same as asking: "Why do we need a defense ministry if there is no war?" Thus, it is a matter of deliberate dissemination of false information about Russia and justification of military activities, and it is an information weapon. 8. The Council of the European Union has also considered it necessary to restrict access to media services in the Union, with the aim of destabilizing the situation in Ukraine. On 01.03.2022, the Council of the European Union adopted Regulation 2022/350, which restricted the distribution of various versions of Russia Today in the Union. The Council states in paragraphs 7 and 8 of the Regulation that, in order to justify and support the aggression against Ukraine, the Russian Federation has engaged in continuous and coordinated propaganda activities aimed at the Union's civil society and neighboring countries, seriously distorting and manipulating the facts. These propaganda measures have been implemented through various media under the direct or indirect control of the leadership of the Russian Federation. Such activities constitute a significant and imminent threat to the public policy and public security of the Union. 9. Television channels that are under state control and used as an information weapon cannot have the editorial responsibility of a media service provider within the meaning of the AVMS Directive. Furthermore, the transmission of highly constructed propaganda is not for informational, entertainment, or educational purposes within the meaning of the AVMS Directive. The purpose of the AVMS Directive is to protect media services, the content of which is decided by and the responsibility for which has been taken by the media service provider's editorial staff and which provides information, entertainment, or educational programs to the public. Researchers studying information warfare and information interference activities also believe that television programs conducted under the Kremlin's instructions are weapons of information warfare and that today, with the Russia-led physical war in Ukraine, information warfare is an important component of Russian aggression; it is by no means journalism. 10. The television channels mentioned in the precept resolution are Russian state television channels - according to the MAVISE database of the European Audiovisual Observatory, RTR Planeta is owned by the Federal Agency for Press and Mass Media, and the TVCI Moscow is owned by the Department of Urban Property of the City of Moscow. Their aim has been to spread propaganda that divides Western society, to sow hostility and hatred, to create a fertile ground for the expansion of the so-called Русский Mir, which, among other things, denies the right of other peoples to self-determination. 11. We consider that the obligation to guarantee the freedom to receive media services laid down in Article 3 (1) of the AVMS Directive is not intended to protect television programs produced and transmitted as information weapons. Consequently, the television programs listed in the Precept do not fall within the scope of the AVMS Directive. 12. If the Commission does not agree with the view that the television channels mentioned in the injunction are not covered by the AVMS Directive, we will, in any case, consider that television programs endanger the security of society, including national security and defense. 13. Under Article 3 (3) of the AVMS Directive, a Member State may temporarily derogate from the freedom to receive and retransmit an audiovisual media service if the audiovisual media service provided by a media service provider under the jurisdiction of another Member State undermines public security, including national security and defense, or poses a serious and significant threat to public security, including to ensuring national security and defense. 13 (20) 14. In accordance with Article 3 (5) of the AVMS Directive, in cases of urgency, the Member State may, no later than one month after the alleged infringement, derogate from the conditions laid down in paragraphs 3 (a) and (b) of that Article (i.e., previous infringement within 12 months and notification to the media service provider, to the Member State, within whose jurisdiction that provider falls, and to the Commission, in writing of the alleged infringement and the proportionate measures it intends to take). Therefore, in cases of urgency, a Member State has the right to immediately suspend the provision of an audiovisual media service if the grounds referred to in Article 3 (3) of the Directive so warrant. Following the application of a restriction, the Member State shall notify the decision to the Commission and to the Member State within whose jurisdiction the media service provider falls, stating the reasons why the Member State considers the case to be urgent. III. Urgency of the case 15. In issuing Precept No 17-16 / 2022/343, TTJA exercised its right to derogate from the procedure laid down in Article 3 (3) (a) and (b) of the AVMS Directive in cases of urgency. Given the fact that the military activities of Estonia's neighboring country against another peaceful neighboring country are justified through the television channels covered by the Resolution of the Precept, then what is presented in television programs poses a threat in addition to Ukraine but also to the security and public order of Estonia and other countries 16. Among other things, it is dangerous from the point of view of public order and national security if the so-called freedom of the press and expression is used to consciously and systematically disseminate information justifying, concealing, or downplaying offenses against humanity and peace, including offenses against humanity (§ 89 of the Penal Code), genocide (§ 90 of the Penal Code), the crime of aggression (§ 91 of the Penal Code) and others. The possibility that some media and information consumers will not be aware of the (war) crimes actually committed or that false information denying (war) crimes will spread increases the credibility of war propaganda and, with it, the risk that some people mistakenly consider criminal behavior to be socially adequate. 17. Among the population of the Republic of Estonia, a large proportion of people are of Russian nationality - according to Statistics Estonia, 322,700 Russians live in Estonia as of 01.01.2021 (the total population of Estonia as of 01.01.2021 is 1,328,439). According to Statistical Office, there were 27,254 Ukrainians living in Estonia as of 01.01.2021. As of 5.04.2022, an additional 27,000 Ukrainian war refugees have settled in Estonia. Thus, there is a significant number of representatives of the nationalities of the two countries in military conflict in Estonia. There are also a large number of people who consume Russian-language media. 18. The start of the war between Russia, Estonia's neighbor, and Ukraine, on 24.02.2022, necessitates urgent action to prevent the security of society from being damaged, to ensure national security and national defense. Until now, popular rallies in Estonia due to the military conflict have been peaceful and anti-war. However, after the start of hostilities, support has also been expressed in the Estonian community to Russia for carrying out a military attack. Thus, the Estonian population has been affected by the coverage in the Russian media, and what is covered in the media may further influence people's further activities, creating conflicts in society. The influence of the media is characterized, for example, by the fact that the symbols of the letter "Z" used as markings in the Russian military attack have been placed on vehicles moving in Estonia. The Russian army's heavy equipment moving in Ukraine bears the same marking. Thus, there are active supporters of Russia's military activities in Estonia who, due to additional incitement, may increasingly become an immediate threat to the security of society, national security, and ensuring national defense. 14 (20) 19. Incitement to hostility and hatred can change the situation rapidly, i.e., demonstrating one's views can escalate into violence, also considering the rise in prices and the shortage of raw materials or certain goods because of the war. Incitement to hatred and justification of violence may also trigger isolated attacks on Ukrainians outside of Ukraine, including Estonia. Content that denigrates the Ukrainian state and Ukrainians, therefore, poses a significant threat to the security of society and national security, for the prevention of which immediate action must be taken. 20. An important part of national defense is the protection of its people from psychological influences in the information space. The use of propaganda as a weapon of influence in information warfare may affect not only those who receive this information directly but also those who have access to the values of propaganda from other people whose values have already been affected. Immediate action is needed to prevent damage to society and to protect the public interest as a result of the delay. IV. Security of society, including ensuring national security and national defense 21. Under Article 3 (3) of the AVMS Directive, a Member State may temporarily derogate from the freedom to receive and retransmit an audiovisual media service if the audiovisual media service provided by a media service provider under the jurisdiction of another Member State undermines public security, including national security and defense, or poses a serious and significant threat to public security, including to ensuring national security and defense. 22. On 24.02.2022, the Russian Federation launched a full-scale attack on Ukraine, starting a war against another sovereign state. With this, the security situation in Estonia and, in fact, in Europe and the world as a whole changed completely and, if not permanently, then for a very long time. For years, the Russian state media has deliberately and purposefully broadcast a narrative that harms the West and justifies Russia's actions. In a situation where Russia has launched a real, full-scale military attack in addition to the information war, information that threatens the security of society, national security, and the provision of national defense threaten these values more extensively and directly. 23. Before the start of the war on 24.02.2022, RTR Planeta and TVCI broadcast programs denying the sovereignty of the independent states (including the Republic of Ukraine and the Baltic States) and denigrating the citizens of other countries. Prior to the military offensive of the Russian Federation, the broadcasts of the channels called for commencing military action. Following the military action (24.02.2022), justifications for military aggression were presented in all channels referred to in the precept resolution. Citizens of Western countries, and in particular Ukraine, were also denigrated in all the channels referred to in the precept resolution after the outbreak of hostilities. Calls were also made to support such positions and to cooperate in carrying out military aggression. 24. Prior to the aggression, RTR Planeta repeatedly acknowledged the "People's Republics" of Donetsk and Lugansk located in the Republic of Ukraine and their self-proclaimed leaders. ("MEPs think that Kyiv is deliberately delaying and sabotaging the Minsk agreement. /…/ Therefore, Vladimirovich [addresses Vladimir Putin], we ask you to review the address of the State Duma and to recognize the Donetsk and Lugansk People's Republics."). The Donetsk and Lugansk regions are located in the territory of the sovereign and the independent Republic of Ukraine. Therefore, the recognition of the territories as national republics in the regions that are part of it is a violation of the sovereignty of the Ukrainian state. No counter arguments or other countervailing information have been presented to the views expressed in the programs. 25. In addition, the independence and sovereignty of the Baltic States (including the Republic of Estonia) have been denied in the RTR Planeta program that preceded the aggression. The talk show "Evening with Vladimir Solovyov" presents the following position: "They [meaning the West and NATO] have already arrived in Ukraine, they are already in the Baltics, but it is the 15 (20) territory of the former USSR, it is the territory of our country [i.e., the territory of the Russian Federation]." Thus, the independent Baltic states are considered to be the territory of the Russian Federation, and there are no counter arguments to the views expressed in the broadcast. The opinion expressed that "/../ The Baltics are the territory of our country (Russia) /../" poses an immediate and clear threat to the security and territorial integrity of the sovereign Baltic States. 26. In addition, RTR Planeta's broadcasts preceding the military aggression have shown a clear negative and contemptuous attitude towards the Ukrainian state and its people. Ukrainians are called derogatory names in various programs, calling them Nazis, fascists, terrorists, and aggressors. The "60 minutes" broadcast also compared Ukrainians to rabid dogs. Participants of the broadcasts expressed blatant hatred against the Ukrainian people and authorities and provided distorted and one-sided information about Ukraine's actions. The provision of such information makes it clear that the Ukrainian people, government, and army are not considered equal and that viewers are inclined to think similarly. The fact that such an image of Ukrainians is repeatedly created in different programs shows the general purposeful behavior of the television channel in inciting hatred. 27. By describing the people of the Ukrainian state as dangerous, viewers are at least indirectly incited to hate the Ukrainian authorities and people. Incitement to violence against people in a particular country is also not ruled out. Given Russia's continued military activity in Ukraine, incitement to hatred and violence poses a significant threat to the security of Ukrainians and the Ukrainian state. 28. Before the start of hostilities on the RTR Planeta channel, people were called up for military action in Ukraine. The call was for a change of power in Ukraine through military aggression. This way, it was allegedly possible to ensure control over the seemingly dangerous Ukrainians and the seemingly dangerous Republic of Ukraine. Participants in the broadcast expressed the following position: "Every effort must be made to ensure that war does not become a reality. However, if this becomes a reality, we must talk about a new restructuring of Ukraine so that the state would be neutral, outside the blocs, with a political government that does not threaten peace and security, the way it does today". No objections to the position were raised during the program, and it was not considered questionable. Justifying military action to restructure an independent state inevitably poses a serious threat to national security. Given that the sovereignty of the Baltic States has also been denied on television and that the neighboring country of the Baltic States has started a war against another neighboring country, such positions endanger the security of Estonia and the other Baltic states and endanger national defense through incitement to hatred and violence. 29. Similar to the views expressed in the programs of RTR Planeta, the sovereignty of the Republic of Ukraine is also denied in a program broadcast by the TV channel TVCI. The program, which aired on the TV channel, recognized the independence and sovereignty of the "People's Republics" of Donetsk and Lugansk in the territory of the Republic of Ukraine. As the regions of Donetsk and Lugansk are located in the territory of the sovereign and the independent Republic of Ukraine, the recognition of the territories as independent people's republics in the areas that are part of it is a denial of the sovereignty of the Ukrainian state. The broadcast of the channel also states that Ukraine was created by Russia, and therefore Russia has the right to intervene in what is going on in the Republic of Ukraine. No counter arguments were put forward to balance the information provided in the program. 30. The pre-war TVCI broadcast showed a negative and contemptuous attitude towards the Ukrainian state, its authorities, and the Ukrainians. Ukrainians are called derogatory names in various programs, and Ukrainians are considered aggressors in programs. A negative opinion is expressed about Ukraine's state organization and other activities, denigrating Ukraine. By denigrating Ukrainians and the Ukrainian authorities, TV viewers are being incited to hate Ukrainians. Given the war that the Russian Federation launched against the Republic of Ukraine on 24.02.2022, there is a danger that, by denigrating Ukrainians, viewers will be encouraged to 16 (20) take part in military aggression and fight against Ukraine. This, in turn, poses an additional direct threat to Ukraine's national security. 31. Also, before the start of the war, other countries (especially in the West) were treated with contempt on TVCI. Western countries have been accused of inciting the war initiated by the Russian Federation in Ukraine on 24.02.2022. Program "Events. The Twenty-Fifth Hour" sets out the position of Vladimir Putin, President of the Russian Federation, that Russia stands for peace but that the policies of Western and NATO leaders are the wrong policies and are inciting war. Neither the host nor the other participants in the program question this position, nor does the program reflect any opposing view. In addition, the view is expressed that the rest of the world aims to slow down Russia's development, regardless of the situation in Ukraine. In the same program, a member of the Russian State Duma Mikhail Deljagin points out that Western countries are plaguing Russia with pointless negotiations. It is therefore argued that Western countries are hostile to the Russian Federation and its citizens. Fake information and derogatory incitement incite viewers to hate Western countries, which in turn threatens the security of society and the security of those countries. 32. The presentation of incitement to violence and justification of military aggression in various TVCI programs shows the general purposefulness of the television channel as a propaganda weapon. 33. On 24.02.2022, immediately after the invasion of the territory of Ukraine by military aggression, the speech of the President of the Russian Federation, Vladimir Putin, was published in all channels listed in the Resolution of the precept No. 17-16/ 2022/343. The speech denied the sovereignty of the independent Republic of Ukraine, incited violence and hatred, and justified and called for hostilities that threatened the security of Ukraine and other countries. No arguments or doubts were raised in the channels against the views expressed in the speech. 34. Vladimir Putin's speech on the channels acknowledged the Donbas People's Republics: "These were the aspirations, feelings, and pains of the people who were our main motive in recognizing the Donbas People's Republic." The recognition of a self-proclaimed People's Republic in the territory of the Republic of Ukraine thus disregards the sovereignty of the Republic of Ukraine. In addition, references to the denial of the sovereignty and independence of the Republic of Ukraine refer to support for the accession of the residents of the Crimea and Sevastopol to Russia or to their homeland ("In 2014, Russia was obliged to protect the Crimean and Sevastopol people from those you call the Nazis. The people of Crimea and Sevastopol made their choice in favor of being with their historical homeland, Russia, and we supported their choice. As I said, we could not act otherwise.”) The speech also points out: "The current events have nothing to do with a desire to infringe on the interests of Ukraine and the Ukrainian people. They are connected with the defending Russia from those who have taken Ukraine hostage and are trying to use it against our country and our people," which suggests that the ruling Ukrainian authorities do not have the right to govern the country. The fact that the one-sided information provided by the channel denies the independence and sovereignty of another country inevitably endangers national security. 35. Vladimir Putin's speech on the channels on 24.02.2022 slandered Ukraine, its power, and its citizens throughout. In the speech, the Ukrainians were called extremist nationalists, neo-Nazis, and Hitler's henchmen ("Like Ukraine's nationalist gangs, Hitler's henchmen killed vulnerable people during the Great Patriotic War"). Participants of the broadcasts expressed blatant hatred against the Ukrainian people and authorities and provided distorted and one-sided information about Ukraine's actions. The provision of such information makes it clear that the Ukrainian people, government, and army are not considered equal and that viewers are inclined to think similarly. Describing the Ukrainian state in a derogatory way and its people as dangerous is at least indirectly inciting viewers to hate the Ukrainian authorities and people. Given Russia's continued 17 (20) military activity in Ukraine, incitement to hatred and violence poses a significant threat to the security of Ukrainians and the Ukrainian state. 36. In addition to inciting hatred and hostility against the people of Ukraine, the channels showed a negative and contemptuous attitude towards other Western countries on 24.02.2022. Western countries are described as hypocritical, dangerous, arrogant, and lying. At the same time, views are expressed that Western countries are brutal, aggressive, and warmongers ("/… /At the same time, everything it regards as useful is presented as the ultimate truth and forced on others regardless of the cost, abusively and by any means available. Those who refuse to comply are subjected to strong-arm tactics. /…/ Overall, it appears that nearly everywhere, in many regions of the world where the United States brought its law and order, this created bloody, non-healing wounds and the curse of international terrorism and extremism. "– Speech by Putin) It is pointed out that the aim of the West is to destroy the traditional values of the Russian Federation and to impose on them pseudo-values that are detrimental to Russia and its people ( Properly speaking, the attempts to use us in their own interests never ceased until quite recently: they sought to destroy our traditional values and force on us their false values that would erode us, our people from within. The attitudes they have been aggressively imposing on their countries, attitudes that are directly leading to degradation and degeneration, because they are contrary to human nature."- Speech by Putin. Thus, in all the channels mentioned in the precept resolution on 24.02.2022, views were expressed as if Western countries were hostile to the Russian Federation and its citizens. These views were not refuted on the channels, and no information was provided which could call the views expressed into question. This will inevitably incite viewers to hate Western countries, which in turn will endanger the security of these countries. 37. In addition, the speech indicated in all the channels referred to in the Precept justified the commencement of military action on the territory of the Republic of Ukraine. The military attack was justified, among other things, by Ukraine's efforts to become a member of NATO and the strengthening of its country's defense ("But a military presence in territories bordering on Russia, if we permit it to go ahead, will stay for decades to come or maybe forever, creating an ever- mounting and totally unacceptable threat for Russia /…/Any further expansion of the North Atlantic alliance's infrastructure or the ongoing efforts to gain a military foothold of the Ukrainian territory are unacceptable for us. /…/ The problem is that in territories adjacent to Russia, which I have to note is our historical land, a hostile "anti-Russia" is taking shape. Fully controlled from the outside, it is doing everything to attract NATO armed forces and obtain cutting-edge weapons"). It was clearly stated in the speech that Russia's military action in Ukraine was aimed at demilitarizing the Republic of Ukraine ("/…/ To this end, we will seek to demilitarize and denazify Ukraine, as well as bring to trial those who perpetrated numerous bloody crimes against civilians, including against citizens of the Russian Federation.”) 38. Following the justification of the military action, the audience was called upon to assist in the aggression of the Russian Federation: "I reiterate we are acting to defend ourselves from the threats created for us and from a worse peril than what is happening now. No matter how difficult it may be, I ask you to understand it, and I call for cooperation so that this tragic page can pass as soon as possible so that we can move forward together /…/". The justification of hostilities, together with the call for cooperation, poses a clear and direct threat to Ukraine's national security and defense. In addition, the President of the Russian Federation issued a warning to those individuals and countries who seek to obstruct Russia's hostilities in Ukraine ("No matter who tries to stand in our way or all the more so create threats for our country and our people, they must know that Russia will respond immediately, and the consequences will be such as you have never seen in your entire history. No matter how the events unfold, we are ready"). This is clearly a threat to the security of all other countries that should protect Ukraine from military attack. 39. By commencing hostilities in Ukraine, the Russian Federation violated a number of general principles of international law, and the broadcasts of the channels justify the violation of these 18 (20) principles. Vladimir Putin's speech on 24.02.2022, published in all channels listed in the precept resolution, stated that Russia's military action in Ukraine was in accordance with Article 51 of the United Nations (UN). ("In this context, in accordance with Article 51 (Chapter VII) of the UN Charter, with permission of Russia's Federation Council, and in the execution of the treaties of friendship and mutual assistance with the Donetsk People's Republic and the Lugansk People's Republic, ratified by the Federal Assembly on 22 February, I made a decision to carry out a special military operation"), with Article 51 of the UN Charter giving the right to self-defense in the event of an armed attack. Thus, the channels provide false information about the legitimacy of the activities, which probably also influences the viewers' attitudes towards and contribution to the war. 40. Threats to the security of Ukraine as an independent state include the use of force or threats to its nationality or territorial integrity and may be external or internal, direct or indirect. It is important to point out that the views are expressed by well-known and authoritative Russian people, which inevitably have a greater impact on viewers of the programs, and that the allegations made may seem credible. A survey conducted in Russia shows that the majority of people trust the information disseminated on Russian TV channels. This means that positions as if the West were a threat to Russia are likely to be trusted. As a result, many people may be convinced that Russia is acting in self-defense by attacking another sovereign state. Consequently, the filigree propaganda work of Kremlin television programs is effective. 41. There is no doubt that the programs broadcast on the channels and the views expressed in Vladimir Putin's speech on 24.02.2022 as a whole endanger the security of the Ukrainian state and the safety of society. In addition, due to the views expressed in the channels, there are also threats to the security of other (western) countries. The propaganda of war and incitement to hatred and violence against the Ukrainian nation and the West are broadcast on the channels. The content of the programs may highlight the spread of hatred and violence against groups of people. In the current context, given the Russian army's invasion and military action in Ukraine, it is vital to ensure that activities that threaten national security are curtailed, and that objective information is available. 42. Thus, on channels, RTR Planeta and TVCI, prior to the war, views were presented that threatened the security of society, including the security and defense of Ukraine and other countries. In addition, in the channels referred to in the precept resolution (including RTR Planetas and TVCI), one-sided positions threatening the security of society, including the security and defense of Ukraine and other countries, were presented following the military aggression. V. Proportionality of the restriction 43. Restrictions on the retransmission of television programs may constitute restrictions on the freedom of expression (freedom of expression) provided for in § 45 of the Constitution, i.e., it restricts the right of everyone to freely disseminate ideas, opinions, beliefs, and other information in a word, print, image or in any other way (§ 45 (1) sentence 1 of the Constitution). The Constitution has prescribed a special limitation clause for this fundamental right, which allows freedom of expression to be restricted by law only on certain grounds, i.e., for the protection of public order, morals, other people's rights and freedoms, health, honor, and reputation (§ 45 (1) sentence 2 of the Constitution). 44. The possibilities for the realization of any fundamental right can last indefinitely only as long as the realization of another fundamental right is not hindered (RKKrKo decision no. 3-1-1- 113-99, c. 2). 45. For a measure to be proportionate, it must also be appropriate to achieve the objective of the restriction. From the point of view of suitability, a measure is indisputably disproportionate when it in no case promotes the achievement of the purpose of the restriction. The content of the 19 (20) suitability requirement is to protect persons from unnecessary interference by public authorities (RKÜKm decision no. 3-3-1-101-06, c. 27). In this case, the restriction is not unnecessary, as it significantly reduces the possibility of accessing dangerous information in Estonia. The measure is necessary if the objective cannot be achieved by another but a less burdensome measure that is at least as effective as the first one (Article 27 of the NCC Decision No. 3-3-1-101-06). There have been programs on the channels at different times that violate the requirements of the AVMS Directive. Restrictions on the retransmission of media services are the only appropriate means of preventing the security of society from being compromised and of ensuring national security and defense. 46. In order to decide on the moderation of a measure, the extent and intensity of the interference with a fundamental right must be considered on the one hand, and the importance of the purpose of the restriction on the other hand (RKÜKm decision no. 3-3-1-101-06, c. 27). By calling for violent hostilities, it threatens the fundamental rights of others (right to life, liberty, inviolability of the home, etc.). In this situation, the threat to the rights of others outweighs the freedom of expression of the person who made the call threatening security and safety. Thus, given the circumstances, the measure does not unduly infringe the freedom of expression of individuals. 47. Restricting the availability of programs inciting hostilities and military action is an important and proportionate measure to ensure the security of Estonian society by contributing to the spread of balanced information in the information space in a situation where Estonia's neighboring country has started a war against another sovereign state. Especially in such a case, the availability of programs justifying a military attack and violation of the principles of international law on the territory of Estonia endangers the security, social security, and public order of Estonia as well as other countries. This is not a permanent restriction but a ban of 12 months. 48. The TTJA has identified the need for immediate action to prevent damage to the security of society resulting from the delay and to protect the public interest. For the reasons described above, the TTJA is obliged to terminate the retransmission of the television program of the channels specified in the precept resolution in the territory of the Republic of Estonia. The obligation is valid for 12 calendar months. Yours sincerely, /signed digitally/ Ulrika Paavle head of the Business Department Enclosure: Precept No. 17-16/2022/343 from 24th February 2022 20 (20)