Pokemon Go | Trespass under Cyprus Law

Following the worldwide success of Pokemon Go, legal professionals all over the world have begun considering the implications and the legal risks that have arisen in respect to augmented reality games.

What are augmented reality games?

Augmented reality games encourage players to interact with virtual, i.e. digital, characters and objects, while moving through the real world.

Mostly in other countries and in a lesser extent in Cyprus a number of legal concerns have already been raised in respect to the said games regarding road traffic violations, cybercrime, privacy and safety issues, personal injury risks as well as trespassing cases.

Indeed, trespassing cases have already been documented in other countries, as Pokemon Go players enter private properties without the owner’s (or the occupant’s) permission for the purpose of playing. So, what should Pokemon Go players keep in mind in order to remain within the frames of the law in Cyprus, especially in respect to trespass regulations?

First of all, what exactly is considered as trespassing in Cyprus?

According to article 43 of the Civil Wrongs Law (Cap. 148) unlawful trespass to immovable property consists of any unlawful entry on, or unlawful damage to or unlawful interference with any such property by any person.

Therefore it is essential that Pokemon Go players abide by the Law as they cannot use the game as an excuse or a pretext to violate local laws and other regulations. Playing Pokémon Go does not create any right to enter a place without prior authorisation and/or permission and cannot justify the players’ presence on the property or in the premises of a third party.

The legal implications of augmented reality games are still under consideration, but it is expected in the near future that new legal provisions will be introduced in order to guarantee the rights of all the concerned parties.

Please note that the information in this article is provided for general information purposes only and cannot be considered as legal advice.