France, Italy, and Greece are among several countries pushing for the use of spyware to monitor journalists in the name of national security, according to a recent investigation. The EU Media Freedom Act, which was first published in September 2021, was intended to enhance the independence and diversity of the media industry within Europe. However, concerns have been raised that the law could have unintended consequences if not carefully worded and provisioned.
The final round of talks, known as a trilogue, is being held by the EU Commission today, December 15th. This meeting is expected to be crucial in determining whether hardline governments can reach a compromise with other member states.
The EU Media Freedom Act was introduced to establish guidelines that ensure and safeguard media freedom and diversity across the Union. These guidelines were prompted by concerns over the increasingly politicized nature of the media landscape. The act includes provisions to prevent political interference in editorial decisions, address the use of spyware against journalists, promote transparency, and offer increased protection for journalistic sources.
Despite the positive intentions behind the act, ongoing negotiations have revealed controversial clauses that have raised concerns among commentators. One contentious issue is a proposed special status for major media outlets, which would prevent their content from being removed from large tech platforms. This has drawn criticism from digital rights advocates, who argue that the act has significant flaws.
Another highly controversial point is the use of surveillance tools against journalists. The act originally aimed to outlaw this practice following prominent cases in Europe. However, some countries are still pushing for a national security clause (Article 4) that would allow for exceptions. Reporters without Borders has labeled this provision as a dangerous one that could undermine the law’s integrity.
A joint investigation conducted by three EU media outlets, Investigate Europe, Disclose, and Follow the Money, revealed that France, Greece, Italy, Cyprus, Finland, Sweden, and Malta are the seven countries pushing for the use of spyware against journalists. These countries are defying widespread criticism from the industry and advocating for the legitimization of such state surveillance.
The revelation of these lobbying efforts has added to concerns about the potential infringement on journalists’ privacy and the potential legitimization of the unauthorized use of spyware such as Pegasus and Predator. Previous instances of misuse of these tools have been reported in countries such as Greece, Spain, Bulgaria, and Hungary, where governments invoked national security justifications.
Seventeen European media organizations previously signed an open letter expressing their concerns and urging the adoption of robust wording in the final version of the act. They emphasized the importance of upholding international human rights standards and safeguarding national security without compromising media freedom and pluralism.
As negotiations continue, it remains to be seen which direction the EU Media Freedom Act will take. While compromises may be made, the ultimate goal should be to protect media freedom and journalists’ privacy effectively. The EU, traditionally seen as a bastion of media freedom and pluralism, must ensure that these core values are upheld, even as they face challenges and decline in some areas.
