A first at European level. MEPs and the twenty-seven member states of the European Union agreed, Friday, December 15, on legislation aimed at guaranteeing the freedom, independence of the media and the protection of journalists. Presented in September 2022, the regulation on media freedom (European Media Freedom Act, EMFA) takes a significant step forward.
The question of surveillance of journalists gave rise to intense negotiations. Several member states, including France, insisted during the negotiations to include possibilities for exceptions to the ban on monitoring journalists, in the name of “national security”. A concept seen as “catch-all, fuzzy and opaque”by several associations and NGOs defending press freedom, thus fearing the end of source secrecy.
Paris defended this possibility with the aim of identifying foreign agents, according to a note from the ministries of the interior and the armies revealed by Reporters Without Borders on Thursday December 14.
The compromise text found on Friday ultimately does not contain an explicit reference to national security. “It’s a first fight won, but the fight is far from over”reacted journalist Ariane Lavrilleux to the World Friday. The latter was placed in police custody for thirty-nine hours and her home searched in September, as part of the investigation into breaches of defense secrecy of which the media is accused Disclosed.
The journalist thus calls for “do not be naive about the next legal battles to come in each country” given that the regulation “respect” the competences of the Member States established by Article 4.4. Or a reference to the fact that “protection of national security” is a “essential function of the State”.
“Liberticidal intentions” not “dismissed”
“The liberticidal intentions have not been completely ruled out”also believes Mme Lavrilleux, in view of “the use of spyware in a number of investigations targeting around thirty crimes”. Surveillance is only possible if authorized by “a judicial decision” and in the cases of “serious crimes”defended the text’s rapporteur, German MEP Sabine Verheyen (European People’s Party, right).
The question of moderation of journalistic content by online platforms was the other crucial point of the legislation. In order to prevent these platforms from arbitrarily removing or restricting content, the law provides separate treatment for media that respect a certain number of conditions, such as independence. If a platform considers that the content of such media violates its rules of use, it must notify it twenty-four hours before proceeding with a possible suspension.
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