His name was a promise for journalists: the Media Freedom Act. This draft regulation presented on September 16, 2022 by the Vice-President of the European Commission, Vera Jourova, and the Commissioner for the Internal Market, Thierry Breton, notably proposed strengthening the editorial independence of editorial staff, monitoring the concentration of media or “strong safeguards to prevent the use of spyware against media, journalists and their families”.
After its presentation, many journalists’ associations welcomed a step forward for press transparency in Europe, while European publishers’ organizations sharply criticized the intrusive nature of this proposed regulation…
A few months later, while the States hope to adopt their common position on Wednesday June 21, the tension has risen a notch on this text. In question, its latest version which “poses serious risks to freedom of the press, freedom of expression and the protection of journalists”wrote, on Monday, about sixty European organizations of journalists and civil society in a letter to the ambassadors in charge of the negotiation.
“While we support many measures taken by the Media Freedom Act, there remains a black spot: its article 4explains Renate Schroeder, of the European Federation of Journalists, one of the signatories of the letter. It is devoted to the protection of journalists and their sources. The Commission’s draft was not perfect, but, after the last negotiations, it was further degraded. It is extremely worrying. »
“Legalized” spyware
In this article, the States undertake in particular not to electronically monitor the media, journalists and their relatives so that they reveal their sources. A practice that has flourished in recent years, according to the report of the European Parliament’s commission of inquiry into the use of these “spywares”, made public in May.
However, if the current version of the project is approved, the Media Freedom Act “legalize the use of spyware against journalists”, judge the NGOs in their letters. Indeed, the Member States wished to reaffirm more strongly the principle of an exemption to the general protection against any use of “spyware” against the press by adding a paragraph. This one says that “this article is without prejudice to the responsibility of the Member States for safeguarding national security”.
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