Supreme Court overturns €1,500 fine imposed on Active Radio

Nicosia, Cyprus. The Supreme Court has overturned a €1,500 fine imposed on Active Radio by the radiotelevision and digital services authority in 2017 over alleged misrepresentation of a private individual’s statements.

Fine related to 2017 broadcast

The authority issued the fine on November 22, 2017, over an edition of the radio programme “Activistas” broadcast on Active Radio on April 27 that year.

The Supreme Court found that the authority had the power to act unilaterally and impose the fine under legislation requiring broadcasts to respect individuals’ personality, reputation and private life. However, it ruled that the authority had not established grounds for the sanction in this case.

Legal obligations for broadcasters

The court said radio stations must ensure respect for the personality, honour, reputation and private life of anyone named or mentioned in a broadcast, as well as their professional, scientific, social, artistic, political and other related activities.

It also noted that altering an individual’s expressed opinions and positions by changing the order of questions and answers, or by using audio and visual tricks in any other way, is prohibited.

Offences not clearly defined

The court found that the authority had failed to clearly define the offences for which it had found the station guilty, instead limiting itself to a declaration of principles.

It stressed that “the law may not be interpreted expansively” and that “the offence committed must be clearly defined”.

“We conclude that the imposition of administrative sanctions in the present case was illegal [and] took place outside the institutional framework of the administration, in violation of the principles of legality and legal certainty,” the court said.

The authority was ordered to pay €4,000 in costs to Active Radio’s owner, Diastasis FM Limited.