4. Law and legislation
Cyprus
Last update: December, 2014
The Constitution of the Republic of Cyprus contains references which are related to cultural policy issues, for example the protection of human rights, freedom of expression and freedom of speech, the principle of equality, free education. More specifically, Part II of the Constitution sets out a broad range of human rights, including all eighteen rights provided by the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe and its Protocols. Article 9 of the Constitution makes specific reference to the right to a decent existence, social security and social insurance, protection of the workers and assistance to the poor.
The right to education, including the right to free and compulsory primary education, and liberty of individuals and institutions to give instructions or education is safeguarded by Article 20 of the Constitution. Moreover in Article 19, the Right of expression is also safeguarded.
Moreover, cultural legislation in Cyprus dates back to colonial British rule when the first cultural legislation was passed – the Antiquities Law for the heritage protection.
Last update: December, 2014
Cyprus has a centralised model of financing of and investing in culture. In the current economic situation, there has been a 30-35% reduction of the budget of the Ministry of Education and Culture.
Last update: December, 2014
All persons who are employed work freelance or are self-employed fall within the framework of the general legislation for social security. Cultural professionals are therefore subject to the general law. Collective agreements for performing artists, such as actors and musicians of the orchestra, have been established.
Last update: December, 2014
The current Value Added Tax law in Cyprus provides, as an exception from the regular rate (19%), a lower 5% tax rate for books and periodic publications. but it does not cover e-books. The lower 5% tax rate also applies for tickets to cultural events, including movie theatres, as well as for services provided by the artists themselves (i.e. works sold directly by the artists, commissioning fees etc.)
Furthermore, Value Added Tax is not imposed on the supply of goods and services of a cultural nature, which are promoted by not for profit organisations (i.e. services provided by such an association to its members etc.). Currently no reduced VAT is applied to any services in digital form, although there are some discussions going on for exceptions.
According to the Income Tax Law of 2002 - No. 118(Ι), article 8 (13), the income of any religious, charitable or educational institution of a public character shall be exempt from the taxation. Article 9 (14) of the Income Tax Law also permits deductions from the chargeable income of any person for donations or contributions made for educational, cultural or other charitable purposes to the Republic or a Local Authority or to any charitable institution approved as such by the Council of Ministers:
Also a wide range of tax exemptions are offered to the owners for the restoration of Listed Buildings and Ancient Monuments (Schedule B) such as:
- exemption of the restoration cost from income tax of the owner;
- exemption of rents from income tax;
- exemption from property tax; and
- refund of property transfer tax.
To be eligible for tax relief, the Director of Town Planning and Housing (for Listed Buildings) and the Director of Antiquities (for Ancient Monuments) must issue a restoration certificate (issued once restoration works have been completed satisfactory).
Last update: December, 2014
The terms of employment for artists and other cultural workers are those that are defined by the general labour legislation. For certain categories of cultural workers, for example the musicians and administration staff of the Cyprus Symphony Orchestra, the terms of their employment are regulated by a collective agreement.
Last update: December, 2014
In Cyprus, copyright is automatic and requires no registration. The Copyright Law 59/76 protects Cypriot nationals for their works which are published anywhere in the world and the nationals of foreign countries for their works which are published in Cyprus. Only the owners of a Copyright have the exclusive right to reproduce, translate and offer their works to the public. Anyone who infringes their rights is liable to the payment of damages and also to other penalties under the Law. Under the Copyright Law 59/76 as amended by Laws, L.63/77, L.18(I)/93, L.54(I)/99 L.12(I)/2001, L.128(I)/2002 and L.128(I)/2004 the following works are protected: (a) Scientific works, (b) Literary works, (c) Musical works, (d) Artistic works, (e) Cinematographic films, (f) Photographs, (g) Sound recordings, (h) Broadcasts
The Sections which nowadays constitute the Department of the Registrar of Companies and Official Receiver were established in the beginning of the 20th century and used to be part of various government services such as the Customs and the Supreme Court. In 1946 they were united into the Department of the Official Receiver and Registrar of Trade Unions, Companies, Trade Marks and Patents. As from 1960 the Department comes under the Ministry of Commerce, Industry and Tourism.
Cyprus is a member state of the European Patent Office (EPO) and the World Intellectual Property Organisation (WIPO).
Last update: December, 2014
In Cyprus the Processing of Personal Data (Protection of Individuals) Law 138(i)/2001 is being implemented by the Office of the Commissioner of Personal Protection Data. The legislation applies to the private as well as the public sector. Educational seminars and presentations are offered in schools so as to raise awareness for the children's rights of personal data protection.
Last update: December, 2014
According to Article 3 of the Constitution, the official languages of the Republic of Cyprus are Greek and Turkish. English is also widely used.
Information is currently not available.
Last update: December, 2014
The first law on antiquities enacted during the British colonial period was the Antiquities Law of 1905. This law however, did not manage to prevent illicit excavations nor the smuggling of antiquities from the island.
The Department of Antiquities was finally established in 1935, the same year that the new Antiquities Law was enforced, which sets strict rules for the undertaking of excavations.
The Department of Antiquities is part of the Ministry of Communications and Works and is responsible for all archaeological sites, Ancient Monuments, Government Museums and all archaeological activity on the island. It oversees the excavation of archaeological sites, the conservation and restoration of archaeological remains and scheduled ancient monuments, ranging chronologically from the Neolithic period to the 20th century – as defined by the Antiquities Law. Additionally, it carries out the maintenance and expansion of archaeological museums and the creation of new ones, the promotion and use of Ancient Monuments and archaeological sites for didactic purposes and cultural tourism. The Department organises seminars, lectures, exhibitions etc. for the promotion of these aims.
Cultural legislation in Cyprus dates back in the 1900s when the British colonial government passed the first Antiquities Law. In the meantime, various other legal provisions have been adopted in Cyprus legislation, which are related to culture. More specifically, legislation related to Culture are as follows:
- Law on the control of erection and placement of monuments in open spaces (L.79 (Ι)/2006);
- Law which provides for the minimum percentage of adornment with works of art of public buildings (L.57(I)/2009);
- The Cyprus Library Law (L.51/1987);
- The Law on the Foundation and Functioning of Schools of Artistic Dance (L.65(I)/1997);
- The Law for the Recognition of Private and Local Authorities Museums (L.58(I)/2009);
- The Copyright Law (L. 59/1976);
- The Intellectual Property Law (C.264);
- The Law adopting European Council regulation concerning custom´s action against goods suspected of infringing certain intellectual property rights (L.133(I)/2006);
- The Export of Cultural Goods Law (L. 182 (I)/2002);
- The Return of Cultural Goods Law (L. 183 (I)/2002);
- The Cyprus Theatre Organisation Law (L. 71/1970);
- The Cyprus Sports Organisation Law (L. 41/1969);
- The Youth Board of Cyprus Law (L.33(I)/1994);
- The Radio and Television Stations Law (L. 7(I)/1998);
- The Press Law (1989);
- The Antiquities Law (C.31);
- The Antiquities (Amendment) Law (L.103(I)/2012);
- The Listed Buildings Law (L.240(I)/2002);
- The Town and Country Planning Law (L. 90/1972);
- The Law amending the Cyprus Broadcasting Corporation Law of 1959 (C. 300) (L.8(I)/1998);
- The Law unifying and reviewing the laws governing the establishment, installation and operation of radio and television stations (L.7(I)/1998);
- The Protection of the Commercial Exploitation of Cinematographic Films Law (L.159/1990); and
- The Act on the classification of cinematographic films (L.238/2002).
International legal instruments ratified by Cyprus are:
- Law for the ratification of the International Convention for the Protection of Literary and Artistic Works (Berne Convention) (L.86/1979);
- Law for the ratification of the Universal Copyright Convention (L.151/1990);
- Law for the ratification of the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (L.50(III)/2005);
- 1954 European Cultural Convention;
- 1954 (Hague) Convention for the Protection of Cultural Property in the Event of Armed Conflict with Regulations for the Execution of the Convention;
- 1954 First Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague;
- 1999 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict;
- 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property;
- 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;
- 1992 European Convention for the Protection of the Archaeological Heritage (Revised);
- 2005 UNESCO Convention for the protection and promotion of the diversity of cultural expressions;
- Memorandum of Understanding between the Government of the Republic of Cyprus and the Government of the United States of America concerning the imposition of import restrictions on pre – classical and classical archaeological objects and Byzantine period ecclesiastical and ritual ethnological material; and
- Ratifying legislation on the Cultural agreements between the Government of the Republic of Cyprus and the Governments of other countries according to the Constitution of the Republic of Cyprus (Art. 169 §2).
Last update: December, 2014
- The Law for the Recognition of Private and Local Authorities Museums (L.58(I)/2009)
- The Export of Cultural Goods Law (L. 182 (I)/2002);
- The Return of Cultural Goods Law (L. 183 (I)/2002);
- The Antiquities Law (C.31);
- The Antiquities (Amendment) Law (L.103(I)/2012);
- 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;
- 1992 European Convention for the Protection of the Archaeological Heritage (Revised); and
- Law for the ratification of the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (L.50(III)/2005).
Specific heritage legislation
The following laws are implemented by the Department of Antiquities:
1. The Antiquities Law (1935) and relevant Regulations and amendments.
According to the Antiquities Law, "Antiquity means any object, whether movable or part of immovable property which is a work of architecture, sculpture, graphic art, painting and any art whatsoever, produced, sculptured, inscribed or painted by human agency, or generally made in Cyprus earlier than the year A.D. 1850 in any manner and from any material or excavated or drawn from the sea within the territorial waters of Cyprus and includes any such object or part thereof which has a later date been added, reconstructed, readjusted or restored subsequently. Provided that for works of ecclesiastical or folk art of the highest archaeological, artistic or historic value, the year A.D. 1940, shall be taken into account in place of the year A.D. 1850...".
In the law, "ancient monument" means:
(a) any object, building or site specified in the First or Second Schedule to this Law;
(b) any other object, building or site in respect of which the Council of Ministers has made an Order under section 6 of this Law, and shall include any part of the adjoining land which may be required for the purpose of fencing, covering, or otherwise preserving the monument from injury, as also the means of access to such monument;
Under article 6.1.a the Council of Ministers may, on the recommendation of the Director, from time to time by Order in the Gazette, declare any object, building or site which he considers to be of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching thereto to be an ancient monument and shall at the same time declare whether such monument shall be added to the First (public ownership) or to the Second (private ownership) Schedule to this Law, as the case may be.
More specifically with respect to Ancient Monuments, under Article 8-1 of the Antiquities Law, no person beneficially interested in any ancient monument shall make any alterations, additions or repairs affecting its architectural character unless it is permitted from the Director of Antiquities.
Article 11-1 of the Antiquities Law stipulates that buildings in the vicinity of an ancient monument are in line with the character and style of such monument as regards height and style of architecture and that the amenities thereof are preserved.
With respect to excavations, under Article 14-1 of the Antiquities Law, no person has the right to carry out excavations on his own land or elsewhere for the purpose of discovering antiquities without first obtaining a licence in writing from the Director of Antiquities.
2. Return of Cultural Goods Law, No 183 (1) of 2002
3. Export of Cultural Goods Law, No 182 (1) of 2002
4. The Town and Country Planning Law (enacted in 1972 and put into full operation in 1990), Article 38 (put into operation in 1976) and 39 are implemented by the Department of Town Planning and Housing (Ministry of the Interior) and the Planning Authorities. According to Article 38, a building may acquire Listing status only when it is included in the Preservation Order, which is issued by the Minister of Interior. To this end, the owners must either submit an Application for Listing of their property, to the Preservation Sector of the Department of Town Planning and Housing, or else, a separate procedure may be followed for listing an individual building, when it has already been included in a unified Preservation Order. Preservation Orders may be issued independently by the Minister of Interior and these concern the wider area in which a historic building is located.
Last update: December, 2014
- The Cyprus Theatre Organisation Law (L. 71/1970) provides for the creation of a legal body of public law; and
- The Law on the Foundation and Functioning of Schools of Artistic Dance (L.65 (I)/1997) backed up this field of cultural activity.
Certain Council Decisions are also relevant for the establishment of certain infrastructures in the field of culture (i.e. Council Decision of 2008, No. 67.949 for the establishment of the Foundation of the Cyprus Symphony Orchestra)
Last update: December, 2014
Under the Minimum Obligatory Enrichment Percentage of Public Buildings with Works of Art Law 2009, [L. 57(I)2009] each state agency (including Legal Entities of Public Law) is responsible for launching a public competition for the enrichment of a public building, used by the agency for permanent housing or the provision of services, with a work of art.
Last update: December, 2014
The Cyprus Library Law (L.51/1987) dates back to 1927 with the establishment of the Cyprus Public Library on the initiative of the British Colonial Governor Sir Ronald Storrs. It operated under municipal control until 1954. Under the Cyprus Public Library Law of 1968, the Library came under the control of the Ministry of Education and Culture and its collections were merged with those of the Ministry's Library. In 1974 the Library was relocated back to its original premises on the D'Avila Bastion of the Venetian walls of Nicosia. The Cyprus Library was established by law in 1987.
Last update: December, 2014
Film, video and photography
- The Protection of the Commercial Exploitation of Cinematographic Films Law (L.159/1990); and
- The Act on the classification of cinematographic films (L.238/2002).
Mass media
- The Law amending the Cyprus Broadcasting Corporation Law of 1959 (C. 300) (L.8(I)/1998).
- The Law unifying and reviewing the laws governing the establishment, installation and operation of radio and television stations (L.7(I)1998)
Last update: December, 2014
- The Listed Buildings Law (N.240(I)/2002) Law 68 (1)/1992
- The Town and Country Planning Law (L. 90/1972)
Urban planning and environment legislation
In terms of urban planning there is The Town and Country Planning Law (1972). The Law was fully implemented in 1990 and it has since become the major tool for promoting an integrative and sustainable approach towards spatial development. Under the terms of this Law, there are special provisions, (Articles 38, 39) which relate to the island's cultural heritage.
Under the Inspection of the Erection and Installation of Monuments in Open Spaces Law (L. 79(1)/2006), the Monuments Committee deals with a number of applications for the erection of monuments, with on the spot visits and provision of advice to those concerned. Moreover, it has made suggestions for the subsidisation of erecting monuments that fulfilled the necessary specifications.
Apart from the existing legislation the Ministry of Education and Culture promotes certain measures that aim at fostering urban cultural infrastructure. More specifically, the Plan of Cultural Infrastructure which has been implemented since 2001, the Plan of Cultural Infrastructure has been implemented since 2001, stipulates the provision of state subsidy (upon approval by the relevant Ministerial Council) for the undertaking of works of cultural infrastructure at Municipalities and communities in order to enhance access and participation.
National Struggle Museum
The new building of the National Struggle Museum was inaugurated on 30th April 2001. During 2011 it received twenty seven thousand visitors, most of whom were students and foreign tourists.
Houses of Letters and the Arts
The Cultural Services lease buildings in Nicosia, Limassol, Larnaca and Paphos with the aims of providing premises to associations that serve the letters and the arts. The Houses are used by associations to host their meetings, conferences, visual art exhibitions, literary events, cinema projections, theatre rehearsals et al.