European Media Freedom Act: protection or danger for journalists?

On 16 September 2022, the European Commission proposed a law, called the European Media Freedom Act (EMFA). This legislative act introduces a series of measures to guarantee freedom of the press. However, despite the changes and the Council's approval, the text includes an exception for the use of spyware which could put journalists and their sources of information at risk.

Spyware dilemma: protection or intrusion?

EMFA's initial proposal explicitly prohibited the use of spy software against journalists and their families. The Council reinforced this prohibition, emphasizing that the use of such software must be limited to safeguard journalists and their sources. Despite this, the piece of legislation allows the use of spyware in extreme cases, such as the investigation of serious crimes (eg terrorism, child abuse, homicide) and for matters of national security. This exception has sparked fears that European governments may violate the privacy of journalists.

Criticisms and concerns from the media industry

Sophie in't Veld, a Dutch MP who has investigated the notorious Pegasus spyware, has raised questions about the validity of the national security clause. The European Federation of Journalists (EFJ) has also expressed concerns, arguing that the legislative decisions could threaten media freedom. A change introduced at France's request further complicated the matter by allowing member states to install spyware on journalists' phones if they suspect their sources may be communicating with criminals. EDRi, a digital rights organization, expressed an even more critical opinion, saying that the Council is moving dangerously towards legalizing unacceptable forms of surveillance.

Next steps for the European Media Freedom Act

It is now up to the European Parliament to communicate its position on the matter. Once it has been expressed, negotiations between the Council and Parliament will begin. The aim is to close these negotiations before the 2024 elections. The EMFA is a fundamental law that aims to guarantee press freedom and media independence, while protecting publishers from political interference and surveillance. Despite criticism, it remains an important milestone in protecting journalists' rights in Europe.