Cyprus

[CY] Freedom of Expression and Media in the Constitution

IRIS 1996-10:1/34

Esther M. Harlow

Institute of European Media Law (EMR), Saarbrücken/Brussels

Art. 19 para. 1 of the Cypriot Constitution of 16 August 1960, last amended through Act No. 106(I) of 1996, ensures the right to freedom of speech and expression. The right to express opinions in any form is enshrined in para. 2, which guarantees the right to hold opinions and the right to receive and impart information without interference by any public authority and regardless of frontiers.

The exercise of the rights provided in paras 1 and 2 is subject to restrictions listed in para. 3. However, limitations in the form of formalities, conditions, restrictions or penalties must be prescribed by law and serve the interests of the security of the Republic, the constitutional order, public safety, public order, public health, public morals or the protection of the reputation or rights of others. A restriction may also be imposed in order to prevent the disclosure of information received in confidence or to maintain the authority and impartiality of the judiciary.

Art. 122 of the Cypriot Constitution mentions the Cyprus Broadcasting Corporation (the public service broadcaster) which, as a public service, is subject to the provisions of the subsequent Articles 123 to 125 (concerning the composition of official bodies and control, particularly in relation to the Turkish and Cypriot communities). Art. 171 also contains provisions on broadcasting services for the Cypriot and Turkish communities.

Irrespective of the rights listed in Art. 19 of the Constitution, the Republic of Cyprus is entitled under Art. 19 para. 5 to require the licensing of broadcasting or cinema enterprises. The conditions under which licences to operate a radio or television station are granted are enshrined in the 1998 Act on Radio and Television Stations. Art. 3 ff. of the second part of this Act provides for the creation of an independent regulatory body, the Cyprus Radiotelevision Authority, whose tasks include the distribution of such licences.