Democratic Rally MP Fotini Tsiridou has submitted a bill amending the 2021 Law on Protection from Harassment and Stalking.
The bill, titled “The Protection from Harassment and Stalking (Amendment) Law of 2026”, aims to address more effectively serious forms of harassment carried out through the internet, social media, messaging services and other information and communications technology.
It introduces the concepts of an “information and communications technology medium” and “locating or identifying details”. The latter include, indicatively, a home address, information on a person’s current or usual location, personal telephone numbers, workplace information and details concerning minor family members, where their disclosure may expose a person or a family member to a real and serious risk.
The proposed legislation also clarifies that “conduct” may take place through the sending, publication, republication or dissemination of content. Forms of harassment would also include monitoring another person’s email or other electronic communications, repeated attempts to contact them, publishing posts concerning their private life and systematically interfering with their online posts or activities.
New offences and penalties
The bill introduces the offence of “organised online targeting”. A person would be criminally liable if, following prior communication or other coordinated action with one or more people, they organise, coordinate, incite or knowingly make a substantial contribution, through information and communications technology, to conduct that constitutes harassment or stalking.
To establish the offence, it must be proven that the person knew both the coordinated nature of the conduct and the purpose of harassing or intimidating a specific natural person. The simultaneous or successive expression of views by several people on a matter of public interest would not, by itself, constitute organised online targeting where prior communication or other coordinated action and a common purpose of harassing or intimidating a specific natural person are not proven.
The basic penalty would be imprisonment of up to three years or a fine of up to €30,000, or both. If the conduct causes the victim to fear that violence will be used against them or a family member, or causes serious concern or distress with a substantial adverse effect on their daily activities, the penalty may rise to imprisonment of up to five years or a fine of up to €50,000, or both.
The bill also creates the offence of malicious disclosure of locating or identifying details. This concerns the unauthorised publication or dissemination of such details through an information and communications technology medium, with the purpose of causing fear or harassment or exposing a person or a family member to a real and serious risk.
A defence would include cases where the disclosure was required by law or a court order, carried out in the lawful exercise of public authority, reasonably necessary to prevent or assist in investigating a criminal offence, or made for journalistic purposes or as part of a good-faith contribution to a public-interest discussion and was necessary and proportionate to the intended purpose.
The offence would also carry a penalty of up to three years’ imprisonment or a fine of up to €30,000, or both. Where the disclosure exposes the victim or a family member to an immediate risk of violence or causes serious physical, psychological or financial harm, the penalty may rise to imprisonment of up to five years or a fine of up to €50,000, or both.
Aggravating circumstances and protection of expression
Proposed aggravating circumstances include the use of false or multiple accounts to conceal the offender’s identity or expand the harassment, the use of automated means for the mass or rapid dissemination of content, continuation of the conduct after a court order or official warning by a competent authority, and disclosure of locating or identifying details of the victim or a family member.
The bill would also strengthen the powers of the Court, allowing it to prohibit the publication, republication, sending or dissemination of content that appears, at first sight, to constitute a continuation of the alleged unlawful conduct. It could also order the suspect or respondent to stop making accessible content under their control that appears, at first sight, to form part of the alleged conduct.
Specific provision is made for protecting freedom of expression and information, freedom of the press, journalistic research, political criticism, academic, scientific, artistic and literary expression, satire and participation in public discussion on matters of general interest.
The expression of an opinion, criticism or publication of information on a matter of public interest would not, by itself, constitute harassment or organised online targeting. In applying the law, consideration would be given to the contribution of the conduct to a public-interest discussion, the status of the affected person, the content, form and consequences of the publication, as well as the seriousness, duration and frequency of the conduct.
The provisions would apply in accordance with Article 19 of the Constitution, Article 10 of the European Convention on Human Rights, Article 11 of the Charter of Fundamental Rights of the European Union and the legislation in force on the protection of personal data. The proposed law would enter into force on the date of its publication in the Official Gazette of the Republic.
The explanatory memorandum states that the bill takes into account the direction set by Directive (EU) 2024/1385 on combating violence against women, including cyberstalking and cyberharassment, without replacing the process of transposing the Directive into national law.
Fotini Tsiridou is a Democratic Rally MP for the Limassol electoral district.
Source: CNA
