International Press Institute issues media freedom alert on Cyprus

The IPI issued an alert on 25 April over concerns relating to the government’s draft bill for the country’s alignment with the European Media Freedom Act. Prepared by the Ministry of Interior, this bill is seen as potentially authorising the surveillance of journalists and would allow authorities to lift source protection. The bill drew criticism from media and legal experts in Cyprus who claimed that elements of the bill would in fact weaken protections for journalists.

Article 5 of the draft legislation would enable authorities to seek court orders to search journalists’ homes, offices, and electronic devices, and to deploy spyware in exceptional cases where other means are deemed insufficient to obtain necessary information. Furthermore, the head of the secret service, the police chief, or “any other investigator or authorised official” could request the attorney general to obtain a court order compelling journalists to disclose their sources, in the context of serious investigations. These procedures, according to the draft, are grounded in Article 17 of the Constitution of the Republic of Cyprus, which permits lifting confidentiality under reasonable suspicion of five serious criminal offences. However, media experts indicated that while this limitation applies to the general public, journalists could face surveillance without the requirement that the case involves one of these five crimes.

According to the Ministry of Interior, the provisions in Article 5 regarding the lifting of journalistic confidentiality were “an exact copy” from the EMFA. However, a major concern among critics was the absence of language from the EMFA that underscores the need for any restriction on media freedom to be justified by an “overriding reason of public interest” and to remain proportionate. In relation to source protection and spyware surveillance, Article 4 of EMFA states that these actions might be taken only if they are “justified on a case-by-case basis by an overriding reason of public interest and [are] proportionate”, and that spyware should be deployed only as a last resort and only if journalists or their sources are under investigation for serious crimes. This principle reportedly does not appear in the Cypriot draft, raising fears of potential misuse and excessive state power. Critics argued that the bill misrepresents the spirit of the EMFA and poses a threat to critical journalism. Media experts also noted that rather than amending the existing Press Law, the government opted to introduce entirely new legislation with minimal consultation. Initially, local stakeholders were reportedly given only 15 days to submit written comments on the draft. Following a consultation meeting with media organisations, the Ministry of Interior stated it would revise the bill in response to the concerns raised and would present a new version within a month.

News sources

https://www.occrp.org/en/news/proposed-cyprus-bill-allowing-journalist-surveillance-sparks-outcry

https://in-cyprus.philenews.com/local/cyprus-draft-media-law-threatens-press-freedom-journalists

https://in-cyprus.philenews.com/local/cyprus-media-law-journalist-source-protection-concerns