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Spying on journalists may become allowed in EU

  • By Al Mayadeen English
  • Source: Investigate Europe
  • 21 Jun 2023 00:02
4 Min Read

As the European Commission discusses the media law proposed last year, several countries, including France, Germany, and Greece, seek to get an exemption on an article prohibiting spying on journalists claiming national security concerns.

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  • The European flag, left, flies Tuesday, April 18, 2023 at the European Parliament in Strasbourg, eastern France. (AP)
    The European flag, left, flies Tuesday, April 18, 2023, at the European Parliament in Strasbourg, eastern France. (AP)

Emerging documents of the ongoing EU negotiations regarding the European Media Freedom Act (EMFA) show the EU has been looking into allowing governments to spy on journalists under the guise of "national security," according to a report by Investigate Europe (IE).

The report noted that IE alongside netzpolitik.org and Follow the Money had the chance to see the documents.

Initially, the EU media law, proposed by the European Commission (EC) in September of 2022, sought to protect the media field from being controlled by their respective governments.

Article 4 of the proposed law, according to the IE report "explicitly prohibits coercive measures against journalists to reveal their sources, as well as the monitoring of their communications and the use of spyware on their computers and phones."

However, among the 27 EU governments, the French government representatives demanded the reversal of this very article claiming "spying on journalists and the use of spying software against them should indeed be allowed – if justified by 'national security'."

France was supported by the governments of Germany, the Netherlands, the Czech Republic, Luxembourg, and Greece, in demanding exemption from Article 4 under the guise of national security, the IE report explained.

Moreover, the Swedish government, which currently chairs the Council, introduced a clause to the latest draft bill emphasizing that article 4 "is without prejudice to the Member States' responsibility for safeguarding national security."

The spokesperson for Germany's minister for culture and the media responded when asked why her country backed the contentious clause, saying it was only put in place to protect each member state's “competencies in the area of national security, as determined in the EU Treaty, remain unaffected.”

The European Federation of Journalists argued that “the current Council proposal does not contain any provisions on the protection of fundamental rights.” 

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In that regard, the German spokesperson explained, "It is also in our interest to ensure that this does not create a gateway for unjustified restrictions.”

Exposed Israeli role in Pegasus spyware scandal downplayed by EU MEP

Few companies in recent years have shown as much brass neck as NSO Group. The spyware producer immediately welcomed the "big news" after being named one of Time magazine's "most influential companies of 2022."

Being "influential" is not always a good thing. its spyware, Pegasus, may "steal personal data" from mobile phone applications, according to Time, which also noted that "some governments have reportedly used it to target political dissidents, activists, and even the wife of murdered journalist Jamal Khashoggi."

NSO Group bragged that it was one of just two Israeli companies on the list, despite being connected to a notorious murder. The company pledged to keep developing "life-saving technologies."

By publicly confirming the findings of its investigation into the scandal, the European Parliament will ensure that Pegasus remains in the headlines this week.

A report by The Electronic Intifada detailed how one of the reasons for "Israel's" occupation of Palestine is making financial gains, as the report also shed light on the EU's role in the process, among other issues.

According to evidence cited in theit investigation, "Israel's readiness to test new surveillance systems on Palestinians" offers "incentives for a business model" that NSO has benefitted from.

Buyers of Pegasus, including at least 14 European Union nations, "contribute to human rights violations."

These results don't cover the entire scope of the investigation. An attempt to defend "Israel" from criticism is one part of it that has eluded examination.

Read more: Khashoggi's widow to sue Israeli NSO for spying on her

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  • EU
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  • France
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  • European Commission
  • Media law

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