Cyprus wants to punish organized online harassment. What about freedom of speech?

Organized online harassment campaigns and the malicious disclosure of data that threatens the safety of an individual or their family are to be covered by new criminal laws in Cyprus. The bill was discussed in the parliamentary legal committee on November 4th. It is not yet law.

The proposal gained support for its main objective, but the discussion raised questions about the precision of the definition, the level of penalties, and the protection of freedom of speech. The bill's author, MP Fotini Tsiridou of DISY, asserts that political criticism, journalism, and the expression of opinions should remain protected.

Two new crimes

The bill is intended to supplement the 2021 Act on Protection from Harassment and Stalking. It covers conduct on social media, instant messaging apps, and other electronic communication channels.

The first proposed offence concerns organized harassment of a specific personTo prove this, there would need to be prior agreement or coordinated action, awareness of the purpose of the harassment or intimidation, and significant participation in such conduct.

The mere publication of similar opinions by several people – simultaneously or sequentially – would not be sufficient to constitute an organised attack.

The second offense concerns maliciously disclosing information that identifies or locates a person, referred to as doxxing.

Address, telephone number and family information

The discussion highlighted the disclosure of home addresses, workplaces, private telephone numbers, and information about children and other family members.

However, the circumstances of the publication, its purpose, and the threat it may pose are to be considered important. The legal service representative emphasized that this is real and serious danger, not every mention of someone's address.

The new solution is intended to prevent the use of data for intimidation and harassment. It is not intended to replace personal data protection regulations.

Why was there a five-year sentence?

During the meeting, representatives of the legal service and the police pointed out that effective investigations may require access to electronic data, including information related to IP addresses.

They proposed setting a sufficiently high penalty – at five years – to enable the required orders to be obtained in such proceedings.

This does not mean five years in prison for critical commentary. The level of penalties and liability conditions remain under review. The police also noted the need to more precisely define the new crimes.

Where is the line between criticism and harassment?

The bill's author emphasizes that the regulations are intended to protect against serious intimidation campaigns, not to restrict public debate. She points to the protection of journalism, scrutiny of political actions, satire, and the free expression of views.

The committee asked a specific question: could the publication of further critical articles about the MP by the website be covered by the new regulations? Tsiridou responded that such activity alone does not meet the project's objectives.

However, the MPs who raised objections fear an overly broad interpretation of the concept of harassment. Therefore, not only the bill's declared purpose will be important, but also the precision of its final provisions.

Fake Accounts, Automation, and Artificial Intelligence

Legal representatives drew attention to the possibility of using artificial intelligence and automatic tools to publish content multiple times.

The issue of identifying perpetrators using anonymous accounts and collaborating with foreign platforms was also addressed. Simply introducing the crime does not solve all the difficulties associated with obtaining evidence.

The Commission announced the commencement of a detailed discussion on individual articles of the project. on Wednesday, November 11Before a potential parliamentary vote, definitions, sanctions, and safeguards protecting legitimate public debate are to be analyzed.