In recent years, most countries around the world have undertaken legislative reforms on cybercrime and electronic evidence. In a number of countries, such legislation on cybercrime includes provisions on criminalising the “dissemination of false information”, “offensive messages”, “causing annoyance”, “spreading of rumours” and other conduct. In some instances, such provisions appear to be vague and overly broad, and raise concerns of whether such restrictions to the freedom of expression are consistent with human rights and rule of law requirements.

Therefore, a new Discussion paper has been prepared under the Octopus Project that is aimed at supporting policy makers, legislators and criminal justice practitioners in their development and implementation of policies and legislation on cybercrime, consistent with the right to the freedom of expression. Comments are welcome.

 Council of Europe: Discussion paper: Freedom of expression within the context of action on cybercrime – Practical considerations [EN], December 2023

 Council of Europe: Convention on Cybercrime (Budapest Convention)

 Council of Europe: Octopus Project webpage