"The European Parliament has a unique opportunity to protect journalists and safeguard core EU democratic values," stressed IFEX and other signatory organisations.
This statement was originally published on edri.org on 27 September 2023.
As the European Parliament gets set to vote on the European Media Freedom Act (EMFA) next week, 80 civil society and journalists’ associations are calling on Members of European Parliament (MEPs) to ensure meaningful protection for journalists in the regulation by including a total ban on spyware.
On 3 October, the plenary of the European Parliament will vote on the European Media Freedom Act (EMFA). This regulation will create the first European legal framework to protect journalists and media service providers from intrusive surveillance technologies.
80 media, journalists, and human and digital rights organisations are calling on MEPs to ensure that the regulation achieves what it set out to do by including a full ban on the use of spyware against journalists.
The Parliament’s Civil Liberties (LIBE) committee has already voted on its position on the EMFA. Although they included, in their opinion, strong safeguards, their version of the law would still allow the use of spyware against journalists in certain circumstances. Unfortunately, this opinion does not go far enough and could still lead to abuse.
Spyware is a powerful tool that puts journalistic work, freedom of expression and ultimately, democratic values in danger. We urge MEPs to use the upcoming plenary vote as an opportunity to reign in the use of this powerful tool and ensure that journalists are protected.
The open letter follows.
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Dear Members of the European Parliament,
On 3 October, you will vote on the draft report on the European Media Freedom Act (EMFA). This regulation will in part create the first European legal framework to protect journalists and media service providers from intrusive surveillance technologies. Media, journalists and human and digital rights organisations are calling for an unconditional prohibition of the use of spyware against journalists in Article 4.
Journalism in Europe is under attack: chilling effects resulting from surveillance and other intimidation tactics threaten to limit journalistic reporting and restrict the public’s access to a plurality of trustworthy and quality information. The PEGA Committee demonstrated how Member States have bypassed established legal safeguards to put journalists under intrusive surveillance. Current protections in the law are de facto completely ineffective.
Although it included stronger safeguards in its opinion, the Civil Liberties, Justice and Home Affairs (LIBE) Committee still allows the use of spyware in certain circumstances. Unfortunately, this proposal does not go far enough and could still lead to abuse. The European Parliament must close them.
Spyware is a powerful tool that puts journalistic work, freedom of expression and ultimately, democratic values in danger. Its capacity to access all data and take full control of a device cannot be technically restricted. Once a journalist’s device is infected, nothing can prevent authorities “from retrieving data related to professional activity” (Article 4.2a, draft report).
The European Parliament has a unique opportunity to protect journalists and safeguard core EU democratic values. We therefore urge you to delete Amendment 115 (paragraph 2 c (new)) and delete references to point (ca) in Amendment 116 (paragraph 2 d (new)) to ban the use of spyware against journalists.