Prohibition of Political Outdoor Advertising in Estonia

Abstract

Although norms regulating the income of political parties have existed in Estonia for years, the first step to limit the expenses of electoral campaigns was made in 2005 when a law that prohibited political outdoor advertising during the active campaign period and provided for the liability of violating the prohibition was adopted. Soon after the adoption, the new norms received strong criticism from different sectors of society (scientists, politicians, lawyers, entrepreneurs etc) and brought about several problems, including cases that consciously tested the boundaries of the prohibition. Still the Supreme Court confirmed the constitutionality of the prohibition of political outdoor advertising. The article is based on the hypothesis that the prohibition may not “work” in practice in Estonia - the aims of the legislator may be unachievable. More concretely, J.G. Backhaus’s evaluative and
normative analyses are used in order to show why the prohibition did not and will not work in practice.