Fake News Regulation Debates In Finland

1. Jessikka Aro / MV-Lehti Troll Campaign (2018)

Facts:

Jessikka Aro, an investigative journalist in Finland, reported on Russian disinformation campaigns.

She became the target of a coordinated online smear campaign by the website MV-Lehti, run by Ilja Janitskin and Johan Bäckman. The campaign included false accusations that she was a foreign agent, personal attacks, and harassment.

Court Proceedings & Outcome:

Helsinki District Court convicted Janitskin for aggravated defamation and stalking, sentencing him to prison and ordering him to pay damages to Aro.

Bäckman received a suspended sentence for defamation and harassment.

Significance:

First major Finnish case targeting coordinated online disinformation.

Shows that organized “fake news” campaigns can be prosecuted under criminal defamation and harassment laws.

2. Johanna Vehkoo / Junes Lokka Case (Supreme Court 2022)

Facts:

Journalist Johanna Vehkoo posted on Facebook calling a local politician, Junes Lokka, a “Nazi” and “racist clown.” Lokka sued her for defamation.

Lower Court Outcome:

District court convicted Vehkoo, fined her, and ordered compensation to Lokka.

Supreme Court Outcome:

Conviction overturned. Court ruled her statements were criticism of Lokka’s political activity, not personal attacks, and were within acceptable limits of public debate.

Significance:

Affirms strong protection for political speech.

Highlights the boundary between defamation and criticism of public figures in Finland.

3. Tommi Parkkonen / Social Media Defamation (2019)

Facts:

Journalist Tommi Parkkonen tweeted critical remarks about Junes Lokka following the Vehkoo case.

Outcome:

Oulu District Court fined Parkkonen and ordered compensation to Lokka.

Significance:

Demonstrates that even short social media posts are subject to criminal defamation laws.

Highlights the risk journalists face when commenting on public figures online.

4. Helsingin Sanomat Journalists / State Secrets (2017)

Facts:

Two journalists from Helsingin Sanomat published an article revealing details of Finnish military intelligence operations. Authorities claimed it disclosed state secrets.

Outcome:

Helsinki District Court fined one journalist and required the newspaper to remove the online article.

Significance:

Shows the tension between investigative journalism and national security.

Illustrates how information that could affect state security can override freedom of expression protections.

5. Eerikäinen & Others / Finland (ECHR Influence)

Facts:

Journalists reported on a businesswoman accused of misusing public funds. She sued for defamation, claiming the reporting violated her privacy.

Outcome:

Finnish courts initially sided with the businesswoman.

European Court of Human Rights ruled Finland violated freedom of expression because the reporting was in the public interest.

Significance:

Led to Finnish reforms to better protect public-interest journalism.

Highlights how criticism of public figures and reporting on accusations can be protected speech, even if false statements are alleged.

6. KKO:2022:2 – Online Political Harassment Case

Facts:

A political activist spread false statements about another activist on multiple online platforms, accusing them of illegal activity.

Outcome:

Finnish Supreme Court convicted the perpetrator for aggravated defamation and online harassment.

Sentencing included fines and restrictions on online communications.

Significance:

Illustrates application of criminal defamation to coordinated online misinformation campaigns.

Confirms legal responsibility for spreading false claims, even in political disputes.

Analysis of Finnish Legal Approach

Criminal Defamation is Central:

Finnish law criminalizes defamatory statements made publicly that harm reputation.

Online posts, tweets, and articles are treated the same as traditional publications.

Political Speech Protection:

Criticism of public figures is protected if it addresses public activity and does not exceed limits of acceptable discourse.

Journalism vs National Security:

Revealing classified information can lead to criminal prosecution, even if the information is published in the public interest.

Coordinated Disinformation:

Systematic campaigns, like the MV-Lehti troll network, can be prosecuted as aggravated defamation and harassment.

Influence of ECHR:

European human rights decisions have shaped Finnish reforms to protect journalists reporting on public-interest matters.

These six cases together show Finland’s nuanced approach: it criminalizes false, harmful, or coordinated online speech while generally protecting political criticism and public-interest journalism.

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