Radio and Television Organisations Law, Article 29 (Protection of Minors from Harmful Audiovisual Media Services)

Audiovisual media service providers under the jurisdiction of Cyprus must take appropriate measures so that their services that may harm the physical, mental or moral development of minors are made available only in a way that ensures minors do not normally hear or see them, per Article 29(1) of the Radio and Television Organisations Law. The measures may include the choice of broadcast time, age-verification means or other technical measures, per Article 29(2).

The measures must be proportionate to the potential harm the programme may cause, per Article 29(3). The most harmful content, such as unjustified violence and pornography, is subject to the strictest measures, per Article 29(4). Personal data of minors collected or generated by these providers under the measures may not be processed for commercial purposes such as direct marketing, profiling or behaviorally targeted advertising, per Article 29(5).

Providers must give viewers sufficient information about content that may harm the development of minors, using a system that describes the potentially harmful nature of the content, per Article 29(6). For programmes of that kind that are broadcast in unencoded form, providers must ensure that an acoustic warning precedes them or that a visual symbol identifies them throughout their duration, per Article 29(8).

On-demand audiovisual media service providers must, in addition to labelling, have additional technical means available and inform the Authority of them, in particular an easy-to-use content-filtering system with access codes that parents or guardians of minors receive when they subscribe, per Article 29(9). A minor is a person under eighteen years of age, per the Law's interpretation article.

Breach of Articles 29 and 30 is among the breaches for which the Authority imposes administrative sanctions on audiovisual media service providers, per Article 41A(1). An administrative sanction means a recommendation, a warning, suspension of a television or radio organisation for up to three months, revocation of the licence or an administrative fine, per Article 41A(2).

The Authority may impose an administrative fine for each day of breach of up to 8,500 euros on a television organisation, 3,400 euros on a nationwide radio organisation, 1,700 euros on a local radio organisation and 850 euros on a small local radio organisation, per Article 41B(1). Section 25 of Law 197(I)/2021 replaced Article 29 of the Radio and Television Organisations Law with its current text.

Law 197(I)/2021 was published in the Official Gazette on 23 December 2021 and its text sets no day of its own for coming into force. Under article 7 of the Interpretation Law, a Law that provides no other day comes into force on the date of its publication in the Official Gazette.