The Organisation for Security and Co-operation in Europe (OSCE) has cautioned against Cyprus’s proposed legislation to criminalise fake news, stating it could endanger freedom of expression and access to information.
In a legal opinion requested by OSCE Vice-President and Special Representative on Fighting Corruption, MP Irene Charalambidou, the organisation argued that the right to expression is crucial for democracy and achieving other human rights.
The OSCE’s opinion addresses two main issues in the proposed amendments to Cyprus’s Criminal Code: criminalising the dissemination of false information, including re-criminalising defamation, and penalising the spread of messages deemed grossly offensive, obscene, vulgar or threatening.
The bill, submitted in April 2021, has faced strong opposition, particularly regarding freedom of expression for journalists and citizens. It has been discussed in ten separate meetings of the House Legal Affairs Committee.
International organisations, including the OSCE and the Office for Democratic Institutions and Human Rights (ODIHR), have urged countries to abolish criminal defamation laws. They suggest strengthening civil damages for defamation that adhere to international human rights standards instead.
The OSCE expressed particular concern over the proposed Article 99ST, which would re-criminalise defamation. It is recommended that this article be re-examined and focused on non-criminal damages.
Regarding “false content”, the OSCE stated that criminalisation should only apply when information genuinely threatens public safety or causes serious harm.
The organisation concluded that the proposed amendments should not be adopted in their current form due to serious weaknesses that contradict international human rights. It emphasised that the proposal to re-criminalise defamation should be fully withdrawn.
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