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Criminalization of “Fake News” in Cyprus Threatens Media Freedom

News RoomBy News RoomJuly 29, 2024Updated:January 1, 20254 Mins Read
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Cyprus’ Proposed "Fake News" Law Sparks International Condemnation, Raising Fears of Censorship and Repression

NICOSIA, CYPRUS – A proposed amendment to Cyprus’ criminal code, aimed at combating the spread of "fake news," has ignited a firestorm of criticism from international press freedom organizations. The Media Freedom Rapid Response (MFRR), a coalition of prominent media watchdogs, has condemned the legislation, arguing that it poses a grave threat to freedom of expression and independent journalism in the island nation. The proposed law, which could see individuals imprisoned for up to five years for disseminating false information, is slated for parliamentary debate in September, following a preliminary discussion by the Legal Committee of the Cyprus Parliament in early July.

The MFRR’s core concern revolves around the chilling effect this law could have on media professionals, civil society organizations, activists, and even ordinary citizens. The vague definition of "fake news" leaves the door open for arbitrary enforcement and the potential suppression of legitimate dissent under the guise of combating disinformation. Critics argue that the law grants excessive power to the Attorney General, who would determine what constitutes defamation, a charge that would be reclassified from a civil to a criminal offense. This shift raises concerns about politically motivated prosecutions and the silencing of critical voices.

International legal precedents and human rights standards firmly oppose the criminalization of "fake news." The European Court of Human Rights and the United Nations have consistently held that such prohibitions are incompatible with the fundamental right to freedom of expression. The MFRR emphasizes that existing frameworks, such as the recently enacted Digital Services Act (DSA) and the European Media Freedom Act (EMFA), provide Cyprus with adequate tools to address disinformation without resorting to heavy-handed criminal penalties. These frameworks focus on promoting media literacy, enhancing fact-checking mechanisms, and empowering platforms to take down harmful content, rather than punishing individuals for spreading false information.

The proposed Cypriot law mirrors a worrying global trend of governments enacting legislation that, while ostensibly aimed at curbing disinformation, can be easily weaponized to suppress dissent and control the flow of information. Evidence suggests that such laws are frequently used by authoritarian regimes to manipulate public opinion and silence critical voices by blurring the lines between legitimate criticism and criminal activity. The MFRR highlights the danger of this slippery slope, warning that the Cypriot law could be similarly misused, transforming the country’s legal system into a tool of political repression.

Compounding the concerns is a parallel development in Northern Cyprus, where the local administration recently approved amendments criminalizing the publication of "false news" and insulting state officials. These measures, reminiscent of repressive tactics employed in Turkey, further underscore the escalating threat to freedom of expression in the region. The MFRR views these developments as part of a broader pattern of governments using the pretext of combating disinformation to curtail fundamental freedoms and consolidate power.

The MFRR has issued a strong call to the Cypriot Parliament to reconsider the proposed amendments and align its legislative efforts with international human rights standards. The coalition urges authorities to prioritize non-repressive mechanisms for fostering a healthy media environment, such as strengthening media ethics, supporting public service media, and promoting media pluralism. Crucially, the MFRR stresses the importance of engaging with the journalistic community and addressing their concerns to ensure the protection of freedom of expression and investigative journalism in Cyprus. The organization emphasizes that excessive fines, imprisonment, content controls, and forced corrections are blunt instruments that threaten press freedom and have no place in a democratic society. The MFRR stands in solidarity with Cypriot journalists in opposing these regressive measures and advocating for a legal framework that protects, rather than undermines, the free flow of information.

The MFRR, a pan-European organization dedicated to safeguarding press and media freedom, comprises prominent organizations such as the International Press Institute (IPI), the European Centre for Press and Media Freedom (ECPMF), Free Press Unlimited (FPU), the European Federation of Journalists (EFJ), OBC Transeuropa (OBCT), and ARTICLE 19 Europe. Their collective condemnation of the proposed Cypriot law reflects a growing international concern about the erosion of press freedom under the guise of combating disinformation. The coming months will be crucial for Cyprus, as the parliament debates this controversial legislation and decides whether to prioritize freedom of expression or succumb to the allure of censorship and control.

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