A bill introducing two new criminal offences targeting serious forms of online harassment has been presented by Fotini Tsiridou, chair of the House Legal Affairs Committee and DISY MP for Limassol. The proposal would make organised online targeting an offence, alongside the malicious publication of information that can locate or identify a person.
The two proposed offences
Under the proposal, organised online targeting would require all of the following:
- Prior agreement or other coordinated action
- Knowledge that harassment or intimidation is intended
- A substantial contribution to conduct that constitutes an offence
The second offence concerns the malicious publication of locating or identifying information. It would apply only under specific conditions relating to:
- The purpose of the act
- The real and serious danger to which it is objectively capable of exposing the affected person or their family
Building on the 2021 law
According to Ms Tsiridou, the proposal builds on the 2021 law on harassment and stalking, which also covers conduct carried out through electronic communications. It seeks to strengthen that law with specific provisions on serious forms of online harassment.
Safeguard for freedom of expression
Ms Tsiridou stressed that the aim is not to criminalise a disagreement, a heated public dispute or unpleasant criticism.
She said the proposal includes a standalone provision safeguarding freedom of expression and information. According to Ms Tsiridou, political criticism, journalistic scrutiny, the free expression of views and satire are fundamental aspects of democracy. She added that people exercising public authority should accept greater scrutiny and strong criticism.
“Lawful criticism is protected. Criminally punishable harassment is addressed on the basis of specific facts that must be proved,” she said. She emphasised the need to strike a balance between protecting personality rights and freedom of expression.
Stronger judicial protections
The proposal also seeks to strengthen judicial protections so that continuing unlawful online conduct can be addressed, subject to the conditions and safeguards provided by law.
Support and next steps
Ms Tsiridou said the Legal Service, the Ministry of Justice and the Cyprus Bar Association had all supported and welcomed the proposal.
Article-by-article discussion is due to begin next Wednesday. The aim is to improve the proposal in light of the submissions heard before bringing it to the plenary for a vote.
Ms Tsiridou said her goal is to substantially strengthen the protection of citizens against serious forms of online harassment, through a framework that provides legal certainty and fully respects constitutional and European safeguards.
