Cyprus' Interior Ministry is proposing a minimum fine of €5,000 for breaches of election silence rules, replacing the current system of criminal prosecution and possible imprisonment.
The proposal comes as parliament examines legislative amendments aimed at updating electoral legislation ahead of the 2028 presidential election, while a criminal investigation involving 28 individuals and legal entities remains ongoing over alleged violations during the recent parliamentary elections.
Current law
Under existing legislation, the transmission, publication or promotion of election-related content, whether paid or unpaid, is prohibited on the day before and during polling day.
Violators currently face penalties of up to one year in prison, a fine of up to €5,000, or both.
The law's broad wording also extends to content published on social media, including posts that are not paid advertisements.
A key issue under discussion is whether election silence should apply to private citizens expressing personal political opinions online when they are not acting on behalf of candidates or political parties.
Investigation involving 28 cases
The debate comes amid an ongoing criminal investigation involving 28 natural and legal persons.
The inquiry was launched following complaints submitted to the Elections Service of the Interior Ministry, as well as cases identified on social media by the Press and Information Office.
The cases under investigation concern written posts and videos published or shared on social media on either the eve of, or during, May's parliamentary elections.
AKEL proposal
AKEL is proposing that election silence restrictions apply only to persons classified as politically exposed persons (PEPs) and to political advertising.
Under the proposal, ordinary citizens would be free to express political opinions provided their content does not constitute paid or sponsored political advertising.
AKEL also proposes replacing criminal sanctions with an administrative fine of €2,000 imposed by the Chief Returning Officer.
ALMA proposal
The proposal submitted by ALMA would exempt all individuals from election silence restrictions when publishing content on social media, as long as it is not paid or sponsored political advertising.
Unlike AKEL's proposal, the exemption would apply only to social media posts and would not extend to other forms of election-related communication.
Ministry reservations
In a memorandum submitted to parliament's Interior Committee, the ministry notes that election silence rules are not unique to Cyprus and similar restrictions exist in other EU member states.
Their purpose, the ministry says, is to provide voters with a period of calm reflection before voting and to safeguard the orderly conduct of elections.
However, officials acknowledge that restrictions vary considerably between countries and note that Cypriot legislation currently applies broadly and without exemptions.
The ministry's main concerns relate to the practical implementation of the proposed changes.
Regarding ALMA's proposal, it argues that further clarification is needed on what exactly constitutes "social media" to avoid legal uncertainty.
Officials also warn that distinguishing genuine personal expression from organised political communication could prove difficult, particularly when content is not formally labelled as sponsored advertising.
Questions are also raised about anonymous or pseudonymous accounts and the difficulty of identifying whether users are acting independently or on behalf of candidates and parties.
With regard to AKEL's proposal, the ministry argues that exempting individuals who are not classified as politically exposed persons could create unequal treatment between candidates contesting the same office.
Ministry backs tougher fines
While the ministry says any legislative amendment is ultimately a political decision, it believes depenalising election-silence violations could reduce administrative burdens and lower the number of complaints.
Nevertheless, it insists that sanctions must retain a strong deterrent effect.
For that reason, the ministry proposes replacing criminal prosecution and prison sentences with administrative fines imposed by the Chief Returning Officer, starting at €5,000 and potentially rising higher depending on the circumstances.
It also recommends tougher penalties for repeat offenders.
