The use of spyware by MEPs has been kept open, which some claim might lead to misuse.
After MEPs supported weak media standards that permit the government to infect phones in the interest of national security, media freedom campaigners argue that the possibility of a complete prohibition on the use of spyware against journalists in the EU is “dead.”
On Tuesday, the European Parliament discussed a number of changes to the European Media Freedom Act (EMFA), a piece of legislation that was first proposed in 2022. The draught law addresses challenges that news organisations confront in the current day, such as ownership transparency and the influence of digital firms, who have the potential to confuse or forbid reporting depending on their terms of usage.
The MEPs refrained from prohibiting spyware, which are sophisticated hacking tools that may infiltrate electronic devices and utilise them for intrusive surveillance, when used against journalists. The use of Pegasus for political reasons has likely garnered the most media attention, making it the most infamous case.
The use of these strategies may be a last resort, according to EU parliamentarians, if suitable safeguards are put in place, as opposed to a complete ban.
According to MEP Ramona Strugariu, who served as the European Media Freedom Act’s rapporteur, “the use of spyware is effectively banned in investigations that concern the professional work of media service providers and their employees,” according to a report by The Guardian.
Media freedom proponents think the government will eventually abuse the mechanism.
Chloe Berthelemy, a campaigner, told a British publication that “obtaining a complete ban on spyware is essentially dead now.” “The European Parliament missed a rare opportunity to defend journalists from abusive state surveillance using sinister spying equipment.”
Berthelemy, a senior policy adviser at European Digital Rights, co-wrote a piece of opinion last week pleading with MEPs to avoid adopting a “pragmatic” stance in favour of “doing everything possible to prevent real, grievous harm to journalists.”
According to a list of allegedly targeted individuals that was disclosed in 2021, Pegasus, an attack tool created by the Israeli company NSO, is believed to have been used to hack into the phones of over 50,000 people, including politicians, journalists, activists, and business leaders.
Following accusations that an EU state had used the malware to spy on Galina Timchenko, the creator of the Russian news outlet Meduza with offices in Latvia, the spyware came to the attention of the media last month. During the forensic examination of her device, Pegasus traces were apparently discovered. While admitting it was unclear which nation was at fault, Meduza implied it had grounds for suspicion that Latvia was participating.
