The Estonian Court Ordered EU Commissioner Kaja Kallas to Publicly Admit to Lying

On Monday, the decision made by the Harju County Court in November of last year came into effect, according to which former Prime Minister and now High Representative of the European Union for Foreign Affairs and Security Policy Kaja Kallas must refute false statements made against the 'In Defense of Family and Tradition' foundation (SAPTK).

On November 26 of last year, the Harju County Court agreed with SAPTK and its leader Varro Vooglaid that there were no attacks on the Estonian police at any of the demonstrations organized by them, and that Kallas's claims to the contrary are unfounded.

Kallas is also required to refute a false statement regarding the circle of organizers of the rally that took place on October 23, 2021, at Freedom Square in Tallinn.

According to the court's decision, Kaja Kallas must publish a post on her Facebook page within ten days with the following content:

"I, Kaja Kallas, in my publication dated February 17, 2022, made incorrect factual statements that an attack on the Estonian police occurred at the rally organized by Varro Vooglaid and the 'In Defense of Family and Tradition' foundation on Toompea, as well as that Varro Vooglaid and EKRE organized the rally at Freedom Square on October 23, 2021. These statements are not true."

At the same time, the court did not establish any false factual statement or inappropriate evaluative judgment in Kaja Kallas's statement: "On the very day when blue-yellow flags are waving around the world in support of Ukraine, which has become the target of Russian aggression, hiding behind the blue-black-white flag, the 'freedom fighter' and 'defender of traditions' attacks the independence of Estonia."

In the court's opinion, although the remark was clearly aimed at Vooglaid, Kaja Kallas used a figurative style of expression that does not allow for the conclusion that Vooglaid committed anti-state crimes. The court also held that Kallas's evaluative judgment cannot be considered inappropriate in the context of Vooglaid's own ambiguous statements.

The court also dismissed the claim for compensation for moral damages. In the court's opinion, Vooglaid must endure false statements made against him, as they did not carry a degrading, shameful, or mocking character and, therefore, did not cross the line of illegality. According to the court, Kallas's statements against Vooglaid — even those that are not true — are part of political debates.

In light of the above, the court ruled to impose 80% of the court costs on Varro Vooglaid and SAPTK and 20% on Kaja Kallas.

Both parties filed cassation appeals against the county court's decision; however, the Supreme Court did not accept them for consideration, and thus the county court's decision entered into legal force.