Non-Consensual Use of Personal Material of Sexual Nature

A new legislation (Law 148(I)/2024 has been effected on December 13th 2024, relating to the Non-Consensual Use of Personal Material with Sexual Content (the “Law”).

It should be noted that the Law relates solely to sexual material of adult persons, as, for minors a separate legislation applies relating to the prevention and combating of sexual abuse, sexual exploitation of children and child pornography, on the basis of which separate offenses may occur.

Main offenses under the Law:

  • The Law establishes various offenses which in essence, prohibit the transmission of any material of sexual character to a third party or the publishing of such material in public display, by any digital, print of other form, relating to a person that was either recorded with a reasonable expectation of privacy, or was created by editing/processing.
  • Extorting a person to an act or omission or tolerance or threatening the transmission of such material without the persons consent is also a serious offense. Both are punishable by imprisonment of up to 14 years.
  • Also, attempting to commit any of the aforementioned offences is punishable by imprisonment of up to 5 years.

Notably, despite the absence of the consent being a component of most of the offenses stated above, it is noted in the law that, the consent on the part of the person depicted in the sexually explicit material to the creation of the material in question or to its acquisition by another person does not constitute a defense nor mitigating factor in the assessment of the penalty.

On the contrary, it seems that the absence of the consent to the creation of the material in which the person is depicted is an aggravating factor that shall be taken into account by the Courts when imposing their penalty.

Other aggravating factors are, indicatively, the offense being committed against a spouse (current or former) or a member of the spouses family or who cohabitates or cohabitated with the victim, against a woman, the offenses were committed in succession or against a person that is in a vulnerable position such being in a mental or physical disability or it was committed in the presence of a child or resulted or aimed to result in the death or suicide or resulted to attempted suicide of the victim or,.

Materials of sexual character:

Materials of sexual character are considered to be, amongst other things materials depicting and/or recording a person or realistic images or a sound recording of a person or edited material in order to refer to a specific person engaging in a real or simulated sexual act, inclusive of the sexual or nude depiction of breasts or genitals or the rear of any person. Also, such materials include, written or printed speech of a sexual nature recorded under conditions of a reasonable expectation of privacy.

Further obligations to internet providers and digital platforms:

  • In the event that an internet and/or electronic communications service provider in the Republic becomes aware of or is informed by the Cyprus Police or by another involved service of the existence of such sexual content material per above, must, within one (1) hour take the appropriate measures in order to interrupt access to the said websites by internet users.
  • The same applies for any digital service provider and/or any digital platform in the Republic. In case they become aware of or are informed by the Cyprus Police or by another involved service of the existence of such sexual content material per above, must, immediately and no later within one (1) hour delete such content.
  • Any person that does not comply with the above obligations commits an offense punishable by imprisonment of up to 3 years and/or a monetary fine of up to EUR 170,000.
  • Cyprus Police is also obligated to notify the digital service providers and/or digital platforms not based in the Republic and request the deletion of this material.
  • Ιt is also important to note that Cyprus Courts have jurisdiction over offenses under this Law, provided that they are committed through an electronic system accessible from the territory of the Republic, regardless of whether the electronic system is located in the territory of the Republic or not.

For any further guidance regarding the above matters or if you require an initial consultation, please do not hesitate to contact our Law Firm at [email protected], +357 22 251 777 or +357 25 261 777 or please visit our office in Nicosia or Limassol.

Categories