On Tuesday 18 July, the European Parliament’s Committee on Civil Liberties (LIBE) adopted its opinion on the Media Freedom Act (EMFA). Drawn up by Ramona Strugariu (Renew Europe, Romanian), the text supplements Article 4(2) on editorial freedom of the media, over which LIBE has exclusive jurisdiction (see EUROPE 13170/27).
Prohibitions
The provisions contained in this article define the prohibited practices, which are deemed likely to hinder the work of journalists and reveal their sources. LIBE MEPs believe that these bans should apply not only to Member States, but also to EU institutions and agencies. They also believe that these practices should not be used against journalists’ professional networks.
On the other hand, they have taken up the practices outlawed by the European Commission, namely the deployment of spyware and subjecting media to search or seizure, while adding surveillance measures, including technological measures, and access to encrypted data on computer equipment.
Exceptions
In addition, the LIBE notice introduces initials specifying the exceptions to these prohibitions. It provides for a cascade of exceptions: the use of spyware, for example, can only be justified as a “last resort” and if the practices listed in the regulation and any other legal measure “would be inadequate and insufficient to obtain the information sought”.
Other criteria must also be met, including: - the use of these practices is not linked to the professional activity of the media; - they are not intended to reveal their sources; - they aim to “prevent, investigate or prosecute” the serious crimes listed in the regulation; - their necessity is assessed on a case-by-case basis.
Unlike the Council of the EU, MEPs do not allow exceptions on the grounds of “safeguarding national security” - a provision that has been the subject of much debate since its introduction (see EUROPE 13207/28).
Lastly, the implementation of these practices must be ordered in advance by an independent judicial authority with “effective, known and accessible” remedial measures. It must also be subject to an ex-post review by an independent control mechanism. At the same time, the Member States must inform those affected and guarantee them the means of redress. The text adds that these guarantees extend to freelance journalists.
Oppositions
Mrs Strugariu’s opinion received 38 votes in favour, 10 against and 1 abstention. The ECR group in particular is opposed to this and intends to submit a minority report. Cristian Terheş (ECR, Romanian) felt that the text paved the way for “the possibility for journalists to be surveilled” at European level. He also deplored “excessive” regulation in an area where “self-regulation should have been the standard”.
The final position of the Committee on Culture (CULT), which is responsible for the EMFA dossier, will be put to the vote by MEPs in September and the plenary session in October (see EUROPE 13173/36).
See the compromise amendments (all adopted): https://aeur.eu/f/856 (Original version in French by Hélène Seynaeve)