It is doubtful whether a permit could be granted for the fundraising campaign being conducted by journalist and author Makarios Drousiotis, if he had approached the competent authorities, since this specific financial support concerns his personal legal expenses and not any of the social needs covered by the legislation on fundraising, his attorney, Maria Theristi, told CNA.
Furthermore, in response to a question from KYPE on the matter, the Police, through Marina Christodoulidou, an officer with the Communications Division, that so far no letter has been received from the Minister of the Interior requesting an investigation into the matter.
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As Ms. Christodoulidou noted, the Police are aware of the matter and, as soon as they receive relevant information, will take the appropriate action.
When asked about the online fundraising campaign being conducted by Mr. Drousiotis, Ms. Theristi noted that “sometimes it might be useful to look at the issue from the other side,” posing the hypothetical question of what would happen if he, “wanting to be fully covered and exercise the utmost caution,” were to request permission for this specific fundraiser.
“It would be reasonable to ask what the competent authority would reply: For which of the purposes provided for by law are you requesting a permit? What is the charitable or benevolent purpose? What social need is being addressed?” she said.
In her view, the most likely outcome would be a negative response, as the purpose required by the legal framework for conducting a fundraiser does not appear to exist in this case.
Ms. Theristi explained that the funds are intended to cover specific costs of the legal proceedings, including attorneys’ fees, experts who will prepare reports, as well as the costs associated with the appearance and testimony of experts and witnesses in court.
“We are, therefore, talking about the costs of a specific legal proceeding and his personal defense,” she noted.
Referring to the concept of “social need,” she said that it should be interpreted in light of the legislative framework and the legislature’s intent.
“When the legislature speaks of ‘social need,’ it refers to a need that has a social dimension—a need that concerns people or society as a whole,” he said, referring, among other things, to the fire victims in the mountainous region of Limassol. “Not every personal financial need is automatically a ‘social need,’” he added.
At the same time, he referred to the teleological interpretation of the law, noting that the legislature’s purpose is, among other things, to ensure oversight, transparency, and accountability, as well as to prevent illegal and misleading fundraisers. In the case of Mr. Drousiotis, as he said, the purpose of the appeal is known in advance, as it has been made public that the funds are intended for a specific legal proceeding and a commitment has been made to provide updates on their use.
Ms. Theristi also noted that social solidarity is not automatically synonymous with the legal concept of a “charitable or benevolent purpose,” as a citizen may choose to provide financial support to someone to address a personal need, without that action automatically constituting charity.
He also referred to the personal financial and professional costs faced by Mr. Drousiotis due to his journalistic activities, noting that, in addition to legal fees, there may be a loss of income due to the time required for journalistic research, writing, and court proceedings.
“The existence of such legal proceedings creates not only direct legal costs but also a broader financial burden for a professional who earns a living through his journalistic work,” he stated.
The attorney also referred to the case law of the European Court of Human Rights (ECHR) regarding the role of the press as a “public watchdog,” noting that freedom of expression carries particular weight in matters of public interest and that financial penalties and legal costs can, under certain circumstances, have a “chilling effect,” that is, a deterrent effect on its exercise.
In conclusion, Ms. Theristi assesses, as an initial legal position, that “the scales seem to tip toward the view that this specific fundraising effort does not constitute a ‘fundraiser’ within the meaning of the 2014 Law on the Conduct of Fundraisers.”
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Source: KYPE
