Questions over whether Drousiotis crowdfunding appeal is within the law

Two legal experts are questioning whether journalist and author Makarios Drousiotis’ online crowdfunding campaign to cover his legal expenses falls within the scope of Cyprus’ fundraising legislation. They argue that the law appears to apply only to appeals for specific public-interest purposes rather than personal legal costs. Their assessments come after Interior Minister Constantinos Ioannou said the authorities had referred the matter to police for examination after the campaign came to the ministry’s attention, while stressing that no one would be prosecuted if the campaign was ultimately found not to fall under the law. However, according to the Cyprus News Agency, police said on Wednesday that they have not yet received any formal request from the interior ministry to investigate the matter. Related Articles • Cases against Drousiotis threaten freedom of expression says journalists union • Drousiotis fundraiser referred to police over possible legal breach • Drousiotis implores public to send monetary donations amid ‘vindictive’ probe • Police open second criminal investigation against Drousiotis over Mafia State Police spokeswoman Marina Christodoulidou said the force is aware of the issue and will take any necessary action if and when it receives an official referral. Lawyer Simos Angelides said Drousiotis’ crowdfunding campaign does not appear to satisfy the legal definition of a public fundraiser under the Fundraising Law. He said Article 2 of the legislation applies to requests for financial assistance made for purposes such as charitable, benevolent, religious, environmental or animal welfare causes, the construction of monuments and other purposes expressly provided for by law. “Based on the law as it currently stands, this crowdfunding campaign does not appear to fall within the interpretation of the legislation,” Angelides said. He added that the term “crowdfunding” does not appear anywhere in the law and argued that the determining factor is the purpose for which money is being collected. Since Drousiotis is seeking financial support specifically to cover legal costs, Angelides said the campaign does not appear to require prior authorisation under the legislation. He also questioned whether the law is being applied consistently, noting that fundraising campaigns are regularly organised by football clubs and other organisations without attracting the same level of scrutiny. “A law should be applied equally to every person,” he said, adding that equal treatment is fundamental to the rule of law. Drousiotis’ lawyer, Maria Theristi, said the campaign concerns personal legal expenses rather than any of the charitable or public-interest purposes envisaged under the law. “It is useful to consider the issue in reverse,” she said, suggesting that if Drousiotis had sought permission “out of an abundance of caution”, the authorities would likely have asked which charitable or social purpose the fundraiser was intended to serve. According to Theristi, the most likely outcome would have been a refusal because the campaign is intended solely to finance a specific court case. She explained that the funds are intended to cover lawyers’ fees, expert reports, the attendance of expert witnesses and other litigation costs associated with Drousiotis’ legal defence. “We are therefore talking about the expenses of a specific court case and his personal legal defence,” she said. Theristi also argued that the concept of a “social need” in the legislation should not be interpreted as covering every personal financial need. “When the legislator refers to a social need, it is referring to a need with a social dimension that affects people or society as a whole,” she said, citing fundraising for victims of last year’s Limassol mountain wildfires as an example. She added that one of the law’s primary objectives is to ensure transparency and accountability while preventing fraudulent fundraising campaigns, goals she said are already met in Drousiotis’ case because the purpose of the campaign has been publicly disclosed and he has committed to explaining how the money will be used. The campaign launched by Drousiotis to meet legal and related costs reached its €50,000 target three days in, according to figures published by the campaign. Theristi further argued that supporting an individual facing personal financial hardship should not automatically be regarded as charitable fundraising under the law. She also referred to the financial burden faced by journalists defending legal actions arising from their reporting, noting that litigation can result not only in court costs but also in lost income due to time spent preparing cases and attending hearings. Finally, she pointed to European Court of Human Rights case law recognising the media’s role as a “public watchdog”, warning that legal costs and financial pressure can, in some circumstances, have a chilling effect on freedom of expression. Drousiotis is facing criminal proceedings in connection with the Sandy case and separate investigations concerning alleged personal data offences arising from his book Mafia State.