Estonian Public Broadcasting (ERR) violated good journalistic practice with the episode “How effective is the local government as a school operator?” that aired on AK. Nädal on 28 January 2024, according to a recent decision by the Estonian Press Council (EPC). The Lääne-Viru Municipalities Union (VIROL) filed the complaint with EPC against ERR.

During a heated public debate this January about teachers’ salary expectations and the state’s capabilities, ERR ran a story on the funding of education workers on a television programme that aired on 28 January 2024, during which former Estonian education ministers discussed the topic. In the introduction to the feature, the following text appeared: “The state gives money to the local government. Little of it reaches education from the local government’s wallet.” This was presented with an illustrative video graphic in which the reporter represented the movement of funds from the state intended for education by pouring water from one glass to another. Specifically, the reporter poured about half of the water from a glass labelled “LOCAL GOVERNMENT” into a glass labelled “EDUCATION” and the rest onto the table.

Local governments play a fundamental role in the functioning and organisation of local life, and such incorrect claims about the misuse of funds unjustifiably undermine local governments’ position and overall credibility in the eyes of citizens. To the question, “How effective is the local government as a school operator?” ERR responded in an accusatory manner in the way described above, implying that local governments are not effective school operators because they misuse funds received from the state earmarked for education. Moreover, ERR did not offer any local government or association of local governments the opportunity to comment on this claim.

The ERR ethics adviser whom VIROL asked to refute the accusation or provide an opportunity for a rebuttal, did not consider it necessary to do so, as they did not identify any violation of the journalism ethics code in ERR’s actions.

The Estonian Press Council (The Estonian Media Companies Union), which the aforementioned ERR ethics adviser is a member of, refused to discuss the matter because the ERR story did not specifically name any local governments, and VIROL was not representing all Estonian local governments in making its complaint. Since the responses from ERR and the Estonian Press Council (The Estonian Media Companies Union) gave the impression of a protective circle, VIROL turned to the EPC to defend its rights.

First, the EPC found that if the reputation and sense of justice of even one group member (in this case, the local governments of Lääne-Virumaa) are harmed by unfounded accusations, they must retain the right to file a complaint to defend both their own and their fellow members’ interests. EPC explained that since the story did not address the local government’s use of state budget funds intended for education, the entire introduction of the news story (the water-pouring meant to represent fund misuse) misled the audience and created a misconception in viewers’ minds. The general and indirect accusations without additional explanations made by ERR should be avoided by journalists, especially public media, and gave a blow to the credibility, which journalists, especially public media, should avoid.

According to Steven Andrekson, an associate from law firm Sorainen representing VIROL, the journalism ethics code keeps media organisations, considered the “watchdogs of society,” on a leash to prevent them from “biting” their owner. If the media can make abstract accusations without fearing consequences, it would be like unleashing a dog and vaguely pointing it in a particular direction in order to bite someone. In this case, the (EPC) upheld justice and emphasised that good journalistic practice must protect the members of any territorial or organisational group (e.g., local governments or professional associations) from false claims, even if the claim is made abstractly and cannot be attributed to any specific group member.

Hopefully, the Estonian Press Council’s (EPC) decision will restore faith in justice not only for VIROL but also for other local governments and provide an opportunity to restore the good reputation damaged by ERR’s actions. The EPC was established in 1991 and continues to operate alongside the Estonian Press Council (The Estonian Media Companies Union) as a self-regulatory body for journalism.

Our client team

Our team was led by associate Steven Andrekson, who was supported by partner Allar Jõks and assistant lawyer Carolin Simona Laurits.