The proposed amendment, which criminalises "fake news" and carries penalties of up to five years in prison, risks stifling independent journalism and encouraging self-censorship.
This statement was originally published on ipi.media on 29 July 2024.
The Media Freedom Rapid Response (MFRR) strongly condemns a legislative proposal in Cyprus that threatens press freedom under the guise of combating disinformation. This amendment, which criminalizes “fake news” and imposes harsh penalties, risks stifling independent journalism and encouraging self-censorship. Our international consortium calls on authorities to align with international human rights standards, promote media ethics, and protect freedom of expression, instead of exerting media control.
The MFRR coalition is gravely concerned about the recent legislative proposal in Cyprus, aiming to criminalize the dissemination of fake news with draconian penalties including prison sentences of up to five years. This proposed amendment to the country’s criminal code, which was discussed by the Legal Committee of the Cyprus Parliament on 3 July 2024, and is set for parliamentary debate in September, poses a significant threat to media pluralism and democracy in the European Member State.
These provisions could have a profound chilling effect, leading to widespread self-censorship among media professionals, civil society organizations, activists, and ordinary citizens. Additionally, the ambiguity and contested nature of what constitutes “fake news” exacerbates the potential for arbitrary enforcement, with the risk of those in power ending up repressing legitimate dissent and criticism.
The existence of such vague laws, and their exponential adoption in recent years worldwide, has often been a tool for political control over information rather than one to enhance its quality. Evidence shows that laws against disinformation have repeatedly been exploited by repressive authorities to influence the public opinion on what is considered to be true or false, offensive, dangerous or seditious. Under the proposed law, Cyprus’ Attorney General would have the power to determine what constitutes defamation, which will be reclassified from a civil offense to a criminal one.
We oppose the statement of Cyprus’ Deputy Attorney General Savvas Angelides, who claims a need for “drawing the line between freedom of speech and recklessness.” The international community, including the European Union, the Council of Europe, and the United Nations, consistently condemns the criminalization of fake news.
Likewise, the European Court of Human Rights and the UN have emphasized that prohibitions on false information are incompatible with the right to freedom of expression. The recently enacted Digital Services Act (DSA) and the European Media Freedom Act (EMFA) – if effectively implemented – both provide Cyprus a framework for addressing disinformation without resorting to criminal penalties.
We are also alarmed that similarly, the local administration in Northern Cyprus approved a package of amendments to the penal code and related laws on 20 May. These broaden the definition of “malicious intent”, criminalizing activities such as publishing “false news” and insulting state officials, resembling repressive measures seen in Turkey.
The MFRR calls on the Cypriot Parliament to reconsider the proposed amendments, aligning legislative efforts with international human rights standards and best practices. We urge authorities to avoid stifling legitimate journalistic work and to adopt non-repressive mechanisms to enhance the media landscape, such as reinforcing media ethics, promoting public service media, and fostering media pluralism.
We further encourage lawmakers to listen to and address the concerns of the journalistic community, so that the constitutionally guaranteed right to freedom of expression and investigative journalism in Cyprus is protected.
Excessive monetary fines, imprisonment, content controls and corrections all pose significant threats to press freedom, and have no place in laws on media regulation. We stand firm in solidarity with Cypriot journalists in opposing these regressive measures.
This statement was produced by IPI as part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries, funded by the European Commission.
