European Union governments are considering granting themselves the authority to spy on journalists under the pretext of national security, despite the original purpose of a new media regulation being to protect media independence and pluralism. The proposed rulebook, put forth by the European Commission in September, aimed to prevent governments from engaging in activities such as detaining, sanctioning, intercepting, subjecting to surveillance, or searching journalists unless justified by an overriding public interest.
However, EU governments, led by France, are seeking a national security exemption that would allow them to spy on reporters more broadly. Privacy advocates and journalists’ organizations argue that this exemption could undermine press freedom by providing governments with unchecked surveillance powers. In a Council meeting scheduled for Wednesday, deputy ambassadors are expected to endorse this national security exemption, marking a significant departure from the original intent of the media regulation. France has been particularly vocal in calling for an “explicit and unconditional” clause to protect member countries’ security prerogatives, advocating for a narrower immunity for journalists under the new EU-wide media rules.
The proposed immunity has raised concerns about its necessity and proportionality, with emphasis on the need to strike a fair balance between protecting journalists’ sources and ensuring national security. Despite some acknowledgment of the importance of journalists’ source confidentiality, EU capitals, including Sweden, have shown support for France’s position, potentially compromising press freedom in the name of security. This development reflects a growing tension between the need to protect journalistic integrity and the perceived requirements of national security, highlighting the challenges in striking a balance between the two in the evolving landscape of media regulations within the European Union.
