EU Media Freedom Act Exemption Could Allow Spying on Journalists

EU governments are reportedly preparing to water down proposals for a European Media Freedom Act (EMFA), which were unveiled in September. The EMFA contains a variety of provisions designed to protect media pluralism across the EU 27, including introducing transparency on media ownership and the placement of public advertising – a device that has been used by governments to favour friendly media outlets in Hungary, Poland and Slovenia as well as regulation of online platforms.

The EMFA proposals are now approaching the trilogue stage, where EU member state governments can bring their influence to bear on what goes into the final legislative text. According to Investigate Europe, Follow the Money and netzpolitik.org, three EU member state governments - France, Germany and The Netherlands – were the forces behind a significant weakening of proposals that is causing concern to media freedom organisations across Europe.

In place of proposals to ban the use of spyware against journalists, apart from the investigation of serious, violent crimes, EU governments want to allow state surveillance of journalists and their interlocutors, including the use of spyware, if security authorities deem it necessary for reasons of "national security".

If finally written into the EMFA the three organisatons said the exemption would be “visibly endangering freedom of expression and media diversity in several EU countries, most notably in Poland and Hungary.”

They added that, “It is indispensable for critical and independent reporting that journalists can protect themselves and their sources from surveillance, including surveillance by state authorities.”

“We are extremely concerned and very angry at this lip servicing with bad intentions!” Renate Schroeder, Director of the European Federation of Journalists told Blueprint for Free Speech.

The weakening of surveillance protections would have a devastating impact on another article in the EMFA draft, which prohibits governments from forcing journalists to reveal their sources, including whistleblowers.

The use of spyware, such as that produced by the firm NSO Group, against human rights defenders, politicians and journalists has been a major concern internationally in recent years. A European Parliament committee investigating the issue has found that EU member states including Hungary, Poland, Spain and Greece either have, or have likely, used the software domestically.

Sophie in’t Veld, a Dutch Liberal MEP who led the EU Parliament committee of inquiry into Pegasus and other spyware, said the proposals that would invade the phones of journalists and their sources would be a “disaster.”

In’t Veld told the Guardian that the claim that permission to spy on the press was needed in the interests of national security was “a lie.”

“What the Council is doing is unacceptable. It’s also incomprehensible. Well, it’s incomprehensible if they are serious about democracy.”