Filenews 20 March 2023 - by Eleftheria Paizanou
Other European countries apply special laws and others cover through the Criminal Code offences related to the spread of fake news, according to an investigation conducted by the House of Representatives.
In the Republic of Cyprus there is no specific legislation or provisions in the Criminal Code regulating the criminalization of acts relating to electronic communication over a public network, which is offensive, obscene, obscene and threatening in nature or with false content or acts concerning the persistent use of a public electronic communications network, with the aim of causing serious concern to another person.
Following the incident with House Speaker Annita Demetriou, who filed a complaint with the police for spreading fake news on social media, the bill amending the Criminal Code will be put back to the House Committee on Legal Affairs on Wednesday. The bill had been debated before but there were some reservations. The purpose of the bill is to cover by the criminal code the cases of posts and messages on the Internet, as well as telephone calls through a public communications network, which are directed against another person and are offensive or even abusive, threatening or even obscene, without unduly restricting the right to freedom of expression. The bill will be discussed in the presence of the new Minister of Justice Anna Dotsi-Prokopiou. The study in relation to the practices of other countries for such offences was prepared by the Parliament, in the context of the discussion of this bill.
Special law
According to the results of the study, in some countries (Austria, Belgium, Germany, the Netherlands and Slovenia), there is specific legislation regulating the issues of electronic communications (internet and public networks), which contains provisions regarding the criminalisation of offences committed through electronic communications/means. In particular, in Austria, the law on the implementation of measures to combat online hate and the law on protective measures with regard to users of communication platforms entered into force in 2021.
In Belgium, provisions on the criminalisation of electronic communications crimes are contained in the Federal Electronic Communications Act of 2005. In Germany there is legislation regulating actions through social networks, such as the Telemedia Act and the Media State Treaty. In the Netherlands, the Telecommunications Act requires network providers to take appropriate technical and organisational measures to secure the networks and services they offer.
Slovenia contains provisions on the criminalisation of electronic communications crimes in the Electronic Communications Act. In other countries, such as Latvia and Luxembourg, there are provisions in the Criminal Code concerning the criminalisation of offences committed through electronic communications.
Up to ten years in prison for some offences
Those who spread fake news are punished with a fine of a few thousand euros up to prison sentences. The level of penalties is proportional to the seriousness of the offence and the extent of the consequences and harm caused to the victim, and they vary from country to country. For example, for spreading false news there is 8 years' imprisonment, for hate speech there is imprisonment for up to five years, for harassment six years' imprisonment and for offences against respect for private life two years. In addition, sexual harassment and terrorism are punishable by seven years' imprisonment, for insulting the honour of another person and for misuse of means of payment, three years' imprisonment is provided for, and for breach of information systems ten years.
