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Estonia · Law · SE

865

Act amending the Code of Civil Procedure and the Law of Obligations Act (transposition of the Directive on Protection against Silence Actions)

avaldatud riigiteatajasEstonia· Riigikogu· ET

Introduced

6 April 2026

Last action

Status

AVALDATUD_RIIGITEATAJAS

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Subjects

Discovery layer

Source updated

10 June 2026

Summary

The purpose of the bill is to transpose the EU directive on the protection of persons participating in public life against manifestly unjustified claims or abusive legal proceedings (strategic actions against participation in public life), and to give courts and defendants tools to combat abusive legal proceedings and manifestly unjustified actions. The broader purpose of such procedural changes is to ensure freedom of expression and protect the right to participate in democratic debate. Also, the goals of the changes are to prevent the abuse of procedural rights and the efficiency of court proceedings and procedural economy. At the same time, it should be noted that a silence action is not always easily distinguishable from, for example, actions for non-pecuniary damage, which deal with the publication of incorrect factual statements and inappropriate value assessments. Implementation of the norms created by the transposition of the directive must not lead to the prevention and discouragement of turning to court for the protection of rights for those persons about whom incorrect factual statements or inappropriate value assessments have been published.

Machine translation from Estonian. The official text remains authoritative.

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26 official files

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