The European Commission believes that the journalistic profession and the media live under threats and in September of last year he presented the ‘Media Freedom Act’, a directive on freedom of the media that should serve to guarantee its pluralism, reinforce the editorial independence of newsrooms, prevent media concentration in a few hands, defend the rights of journalists and even “prevent the use of espionage devices against media, journalists and their families.
The press greeted her with applause. Journalists’ associations from half of Europe supported what they considered a move towards media independence. But not all parties involved liked it. The criticism came from the owners of the media companies. His rejection did not twist the arm of the European Commission, which went ahead. The proposal said that governments cannot “detain, sanction, intercept, place under surveillance or investigate” journalists to discover their sources.
Nor should they be able to intercept the communications of journalists except in cases of rigorous national security, on a case-by-case basis and with judicial authorization or when such surveillance can be used to investigate “serious crimes.” Not just anyone is valid, but the definition given by the European Commission itself: terrorism, human or arms trafficking, child exploitation, murder or rape. Thus up to 10 types of crimes, the most serious.
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Last Wednesday, the governments gave their political approval to their common position, which is the one that will be used to negotiate the final text with a delegation from the European Parliament. But the governments got so involved in the Commission’s proposal that the same journalist associations that applauded the original proposal are now attacking it.
More than 60 signed a text in which they say that the version approved by the 27 “imposes serious risks to freedom of the press, freedom of expression and the protection of journalists.”
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It is essential to strike a balance between the need to protect the confidentiality of journalists’ sources and the need to protect citizens
Article 4 is the great danger, they say. They believe that if the European Commission project was acceptable, without being perfect, the changes introduced by the governments make it unacceptable because they endanger the protection of journalists and their sources of information.
Article 4, as it came out of the negotiation between the 27, says that States will not spy on the media, journalists and their families, but it imposes a very general exception, little specific, when it comes to “safeguarding national security.”
The text of the European Commission already included this exception, but “case by case” and with judicial control. The one that comes out of the negotiation between the governments leaves it open to any government to spy on journalists or media alleging risks to national security without the authorization of a judge and massively, not on a case-by-case basis.
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The country that most insisted on including this exception was France. According to various specialized media, those who supported France the most were the Netherlands, the Czech Republic, Luxembourg and Greece. Precisely, the Greek government was forced to advance the general elections this year after the scandal unleashed by the massive espionage of the opposition and of journalists and the media.
In a letter sent to the Swedish presidency of the Council of the EU -his six-month term ends this coming June 30, when the baton will pass to Spain-, France had said that “it is essential to strike a balance between the need to protect the confidentiality of journalists’ sources and the need to protect citizens.” and the State against serious threats, whoever the perpetrator is.”
Sweden accepted the French request and the list of crimes that fall within the exceptions to the protection of the secrecy of sources was extended from 10 to 32.
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It also strongly encourages its use on the sole basis of the discretionary power of the Member States
The letter from the journalists’ associations, which is also signed by human rights NGOs, states that now the text “weakens the guarantees against the deployment of espionage devices and equally and strongly encourages its use on the sole basis of the discretionary power of the Member States”.
Journalists and media associations now hope that the delegation sent to negotiate by the European Parliament will force governments to back down and go back to the original proposal of the European Commission.
IDAFE MARTIN PEREZ
FOR THE TIME
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