Cyprus' House Interior Committee is set to examine legislative proposals from AKEL and ALMA aimed at removing criminal liability for citizens who express political opinions on social media during the day before and the day of elections.
The proposals follow an ongoing criminal investigation into 28 individuals and legal entities, including online platforms, over alleged breaches of Article 63 of the law governing parliamentary elections.
Investigation triggered reform proposals
The legislative initiatives were prompted by a criminal investigation launched on the instructions of the Legal Service into potential violations of electoral rules restricting election-related content immediately before and during voting.
Those found guilty under the current law face penalties of up to one year in prison and/or a fine of up to €5,000.
The investigation stems from complaints submitted to the Election Service of the Interior Ministry, as well as cases identified by the Press and Information Office.
According to available information, the cases involve written posts and video content published or shared on social media platforms.
What Article 63 says
The current legislation prohibits:
- Organising or participating in public gatherings related directly or indirectly to elections on polling day or the preceding day.
- Publishing, advertising or disseminating election-related news or announcements, whether paid or unpaid, during the election silence period.
- Any election-related communications during voting, except official announcements authorised by the Chief Returning Officer.
Limited exceptions currently apply to newspaper reporting and statements made by party leaders after casting their votes.
AKEL proposal
AKEL's proposal would exempt private individuals from the ban on expressing political opinions through social media, provided the content is not paid or sponsored political advertising.
The proposal, submitted by MP Aristos Damianou, would also:
- Restrict the application of the ban mainly to publicly exposed persons and political advertising.
- Replace criminal sanctions with an administrative fine.
Under the proposal, violations would carry a €2,000 administrative penalty imposed by the Returning Officer instead of the current criminal penalties of imprisonment and/or fines.
ALMA proposal
ALMA leader Odysseas Michaelides has submitted a separate proposal with a similar objective.
His proposal would exempt ordinary users from criminal liability for:
- Posting content.
- Republishing content.
- Sharing content.
- Commenting on election-related material on social media.
As with AKEL's proposal, the exemption would not apply to paid or sponsored political advertising.
All other election restrictions contained in existing legislation would remain in force.
Freedom of expression argument
Michaelides argues that the change would modernise electoral legislation to reflect today's digital communication environment while protecting citizens' freedom of expression.
Supporters of the proposals say the current rules were drafted before the rise of social media and no longer adequately reflect how citizens communicate political views online.
