The online fundraising campaign launched by journalist and author Makarios Drousiotis to cover the costs of his legal defense and the court proceedings does not appear, based on existing legal provisions, to fall under the definition of a fundraiser, legal expert Simos Angelides explained to CNA.
Responding to a question from KYPE on the matter on Wednesday, Mr. Angelides stated that to determine whether an action falls under the definition of a fundraiser, one must examine the definition provided in the Law on the Conduct of Fundraisers.
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As he noted, Article 2 of the Law refers to a person who, through any means—including online—solicits financial assistance for specific purposes, such as charitable, philanthropic, religious, environmental, or animal welfare purposes; for the construction of monuments; as well as for other cases provided for by law.
“Consequently, this activity—which appears to involve so-called crowdfunding—does not, at first glance, at least as the law currently stands, seem to fall within the scope of the law itself,” he noted, referring to Mr. Drousiotis’s campaign.
Therefore, he added, “it will be necessary to reexamine whether any criminal proceedings can actually be brought or initiated in connection with this law, at least based on the specific facts.”
When asked about this, Mr. Angelidis noted that the term “crowdfunding” is not included in the legislation, while also pointing out that the purpose for which a fundraiser is conducted is a key factor.
“Here, the purpose is specific, and—at least as the law stands today—it does not appear to cover this activity; therefore, it could not be interpreted as falling under the definition of a fundraiser, and therefore the prior authorization required by law should not be sought,” he said.
Mr. Angelidis also raised the issue of the uniform application of the law, noting that it should be examined whether it “is observed and applied in the same manner in every case.”
“It is well known that fundraisers are held from time to time, especially by soccer clubs or other organizations, where the same mechanisms for responsiveness and sensitivity are not in place,” he said.
“A law must, in every case, be applied equally to every individual or entity—whether legal or natural—that may violate that law. Only then can we live in a state governed by the rule of law and a state of equality before the law,” he said.
“What is of the utmost importance is that there be no different treatment of identical situations—where some are permitted and tolerated by the state while others are prosecuted,” he noted.
“For example, one could even refer to the case of people raising money for an election campaign. In other words, where does the definition of what constitutes a fundraiser end? Obviously, that activity does not fall under this law either, which is why it is not prosecuted,” he said.
In conclusion, Mr. Angelidis said that, accordingly, Mr. Drousiotis’s action—"at least for the purposes for which Mr. Drousiotis publicized the need to raise these funds— does not fall under Article 2 of the law, which the government is currently invoking as a potential basis for prosecution.”
READ ALSO: They’re straining at a gnat and swallowing a camel! The Journalists’ Union breaks its silence on Drousiotis | AlphaNews
Source: KYPE
