A UN human rights expert has strongly criticised Cyprus’s proposed legislation that would criminalise the sharing of ‘false or offensive’ content online, warning it could have a “notable chilling effect” on freedom of expression.
Irene Khan, the UN Special Rapporteur on freedom of opinion and expression, has issued a critique of draft amendments to Cyprus’s Criminal Code that were discussed by the country’s House Legal Committee in July.
The controversial bill would transform several civil offences into criminal ones, with penalties including substantial prison sentences and fines.
In a formal communication to the Cypriot government, Khan warned that the bill’s “overbroad and vague language”, including terms like “causing annoyance” and “indecent” content, could lead to arbitrary decision-making and excessive restrictions on free speech.
The proposed legislation would introduce three new articles to the Criminal Code:
- Article 99C: Up to one year in prison or a €3,000 fine for sending false messages intended to cause “annoyance” or “harassment”
- Article 99D: Maximum two-year sentence or €3,000 fine for sharing “grossly offensive” or “obscene” content
- Article 99E: Up to three years’ imprisonment or €5,000 fine for posting “abusive” or “threatening” content
The amendments would apply to all public communications networks, including social media platforms, as defined under Cyprus’s Act on Regulation of Electronic Communications and Postal Services.
Khan emphasised that under international human rights law, particularly the International Covenant on Civil and Political Rights (which Cyprus ratified in 1969), restrictions on freedom of expression must be necessary, proportionate, and “the least intrusive instrument” possible to achieve their protective function.
“Criminal sanctions constitute serious interference with the freedom of expression and are disproportionate responses in all but the most egregious cases”, Khan stated, adding that such measures “are not only incompatible with international human rights law but also contribute to amplifying misperceptions, fostering fear and entrenching public mistrust of institutions”.
The Special Rapporteur has requested the Cypriot government to explain how it has ensured sufficient public consultation on the amendments and how it intends to incorporate international advice and expertise. She has also asked for details about the legislative process and timeline, along with information about efforts to ensure substantive civil society consultation.
Khan urged Cyprus to consult her recent report on disinformation and freedom of expression before proceeding with the legislation, emphasising that countering disinformation and respecting human rights should be seen as complementary rather than conflicting objectives in preserving an open and healthy civic space.
Read more:
