The House Committee on Internal Affairs discussed today the amendment of the electoral law to ensure citizens’ freedom of expression on social media.
Committee Chairman Aristos Damianou, in remarks following the session, noted the need to modernize the provisions that restrict public statements regarding elections on the eve of and on the day of the election, referring to an “unacceptable phenomenon,” in which citizens were summoned to Police Headquarters for posts they made before or on the day of the parliamentary elections.
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As Mr. Damianou stated, Article 63 of the Law on the Election of Members of the House of Representatives is an outdated provision that had not previously led to criminal prosecutions. However, now that the investigation process has been initiated, AKEL considers legislative intervention necessary to ensure freedom of speech and expression without the risk of criminal prosecution for ordinary citizens.
He explained that the bill provides for an exemption for individuals who exert influence in public life, in order to prevent the possibility of influencing the electoral process. He added that there is a similar proposal from the ALMA Movement, and, as he noted, there is a consensus on the principle with both the executive branch and the majority of political parties. The Committee gave the Ministry of the Interior 15 days to submit comments.
Mr. Damianou also noted that the proposal is not definitive regarding the identification of individuals who will be exempt, as it refers to the legislation on the declaration of assets and the definition of a public figure. As he explained, these are individuals active in public life whose opinions can influence others.
DIKO MP Panikos Leonidou noted that the issue was scheduled for discussion at the initiative of the DIKO President and was adopted by the Committee, with the aim of examining both the manner in which the police and the executive branch conducted the investigations and the implementation of legislation that, as he said, no longer meets today’s needs.
Referring to the legislative proposals put forward by AKEL and the President of the ALMA Movement, Odysseas Michaelides, he noted that the aim is to decriminalize citizens’ free expression regarding elections up until the day they are held. However, he emphasized that the exercise of a constitutionally guaranteed right may be subject to restrictions based on the principle of proportionality, especially in the case of political figures, for whom, as he said, a ban should apply.
Mr. Leonidou stated that DIKO views the discussion positively, while emphasizing that immediate action is required, as there are citizens who have been summoned by the police and are under investigation for the possible commission of a criminal offense.
In his own remarks, Mr. Michaelides expressed surprise at the fact that, as he said, the Press and Information Office was monitoring citizens’ posts on election day and that the police subsequently selected 27 individuals for criminal investigation under legislation dating back to 1979, at a time when social media did not exist.
He also raised the issue of equal application of the law, citing as an example statements made by the former President of the Republic, Nicos Anastasiades, on election day, regarding which, he argued, no corresponding investigation had been conducted. He spoke of the “hypocrisy of law enforcement authorities” and criticized the fact that, while political parties are allowed to make mass phone calls to citizens on election day, the latter risk criminal investigation for mere social media posts.
In conclusion, Mr. Michaelides said that ALMA’s proposal, like that of AKEL, aims to decriminalize an outdated provision, expressing optimism that, based on the tone of the discussion, broader consensus will be secured for the approval of the proposals.
Source: CNA
