Moldova’s new cybersecurity law: Can it block websites legally?
The draft instruction developed by the Government, which regulates how the Ministry of Internal Affairs (MAI) and the Intelligence and Security Service (SIS) can block access to certain websites, does not introduce new rules, nor does it open the door to abusive censorship of the internet, as highlighted in an analysis published by the Independent Journalism Center (CJI).
The document aims to clarify and implement the existing provisions of the Law on Combating Cybercrime and outline the necessary steps for issuing orders to restrict online access.
According to Law no. 200/2024, which has been in force since last November, authorities can suspend access to websites that contain information used to commit serious crimes, such as distributing child pornography, promoting cyber fraud, spreading malware, or encouraging individuals to disclose sensitive data.
What the draft instruction contains
The instruction does not expand the powers of the institutions, but it sets out how a blocking order should be structured, the criteria that must be evaluated, the duration of the restriction, and how the decision can be challenged. Specifically, the order to suspend access can be issued for 30 days, with the possibility of extension up to a maximum of 90 days. The document issued by the MAI or SIS is public; the decision can be challenged in court, and authorities must present evidence within 3 days.
It is important to note that the Government of Chișinău is preparing an instruction that will enable authorities to block access to websites on the grounds that they contain information used to commit crimes. Authorities argue that the measure is necessary to enhance cybersecurity and combat cybercrime, but some IT experts caution that there is a risk of abuse that could undermine freedom of expression, the press, and even the operation of online businesses. Entrepreneur and IT developer Vitalie Eșanu argues that, although the mechanism may work efficiently at first, the risks of abuse could result in the loss of control.
Translation by Iurie Tataru
