Civil Society Open Letter in Response to Recent Spyware…

Civil Society Open Letter in Response to Recent Spyware Abuse Cases in the EU

On behalf of the Spyware Coordination Group, a coalition of civil society and journalist organisations advocating for transparency, accountability, and the protection of fundamental rights in relation to spyware technologies, we call on European Union (EU) Institutions to take concrete action to respond to the growing threat posed by spyware, to enhance the security and resilience of our digital infrastructure and European cyberspace and address the proliferation of commercial spyware capabilities in the European Internal Market.

26.06.2025

Spyware use and development still unchecked in the EU

Earlier this year, media reports revealed that several Italian journalists and human rights activists had been targeted with Graphite—a spyware developed by Paragon Solutions. According to reports, the victims had become aware of the targeting following an official notification of the intrusion by WhatsApp. This led the Italian authorities to launch an official investigation. In its March and June reports, the Citizen Lab confirmed these allegations and provided further evidence that the Graphite spyware may have been acquired and deployed in several Member States, including Italy, Denmark and Cyprus, likely affecting a higher number of victims than the 90 targets officially notified by WhatsApp. Concerningly, the reports also highlight a pattern of targeting human rights groups, government critics, and journalists, underlining the need for coordinated EU action to address these violations and protect fundamental rights in line with international and regional standards.

Several Member States, including Spain, Italy, Cyprus, have reportedly emerged as key hubs for the spyware industry, with a high concentration of vendors operating from these countries. The absence of a regulatory framework at the EU level, combined with the fragmentation of national legislation and varying degrees of regulatory oversight among Member States, has facilitated the establishment of certain jurisdictions as preferred entry points for the spyware industry within the EU Internal Market, as recognised by the European Parliament’s Recommendations of 15 June 2023 and the Commission’s White Paper on export controls published in 2024. This development raises significant concerns regarding the trade and proliferation of commercial spyware within the EU, as well as its potential human rights implications.

Urgent need of EU action

Given the risk posed by spyware to fundamental rights, including the right to privacy, rule of law, public debate, media freedom and pluralism, and the integrity of civic spaces, we respectfully urge EU Institutions to prioritise immediate policy and regulatory actions to address the challenges of commercial spyware. We are particularly concerned that spyware technologies, which disproportionately interfere with fundamental rights and for which no safeguards are adequate to prevent and redress harms to human rights, are simply too invasive to ever be compliant with International Human Rights Law (IHRL), as underscored by the European Data Protection Supervisor and the United Nations Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. Hence, European action should include the swift introduction of red lines in order to be aligned with the EU Charter of Fundamental Rights.

The Pall Mall Process should be complemented by action at the EU level

The Pall Mall Process, an “iterative multi-stakeholder initiative” launched in 2024 by France and the UK, claims to tackle the threat posed by the proliferation and “irresponsible use” of commercial cyber capabilities. As part of this process, 25 countries, of which 18 are EU Member States have recently adopted a non-binding Code of practice for States through which signatories have committed to collaborate to “prevent irresponsible activity across the global cyber intrusion market and mitigate the threats presented by the proliferation and irresponsible use of” spyware. A similar declaration of intent was led by the U.S. in their Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware – endorsed by 23 States, including 10 Member States. While these objectives may outline good intentions and provide a voluntary multi-stakeholder forum in which to discuss the issue of spyware, the approach adopted within the Pall Mall process risks legitimising certain surveillance technologies and uses that are inherently incompatible with international human rights law. Although multilateral action to curb the spyware market is necessary, these initiatives are inadequate to fully prevent the proliferation and use of spyware.

Going beyond these initiatives, and echoing the Parliament’s recommendations, we urge the EU Institutions to take a coordinated and transparent regulatory action – particularly in areas that fall squarely within the competence of the EU, such as fundamental rights and rule of law, EU single market regulation, export controls and cybersecurity – during this term, ensuring the protection of the rule of law, and fundamental rights enshrined in the EU Charter and European Convention on Human Rights.

The absence of a coordinated EU response is creating critical gaps in relation to the trade of these tools and the management of cybersecurity vulnerabilities that incentivise the proliferation of commercial spyware and their unlawful use by Governments. The EU can provide the necessary political momentum, regulatory coherence, and oversight to turn national pledges made by Member States through the Pall Mall Code of Practice into an effective, union-wide response that upholds democratic values and fundamental rights.

To address these pressing concerns and safeguard fundamental rights, we call for the following immediate actions:

● the publication of the long-overdue Commission communication to clarify the boundaries between EU law, in particular the data protection, privacy and rule of law acquis, and national security.
● the Commission’s formal engagement in the Pall Mall process and participation in all international and regional efforts to address the threat posed by commercial spyware.
● the full implementation of the PEGA Committee’s recommendations, including those pertaining to areas falling under EU competence such as internal market regulation, cybersecurity vulnerability management, export controls, EU cybersecurity and resilience and ensuring that Member States provide effective remedies for victims.
● continued commitment from the EU Parliament to advance the work of the PEGA Committee within the relevant Committees and leverage all available resources to further policy development in this area.

We stand ready to engage in a constructive dialogue with you and offer our expertise to support the development of policies that will effectively combat spyware use and strengthen the EU digital infrastructure. We are confident that under your leadership, the European Union can take decisive action to respect and protect fundamental rights, uphold the rule of law, and address the challenges posed by the use of spyware technologies.

Signed by:

Access Now
Amnesty International
ARTICLE 19
Centre for Democracy and Technology Europe
Civil Liberties Union for Europe (Liberties)
Committee to Protect Journalists (CPJ)
Electronic Privacy Information Center (EPIC)
Epicenter.works – for digital rights
European Digital Rights (EDRi)
European Federation of Journalists (EFJ)
European Centre for Press and Media Freedom (ECPMF)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
Privacy International

This statement was coordinated by the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and Candidate Countries.

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Urgent call on the European Union to react to…

Urgent call on the European Union to react to the critical press freedom situation in Georgia

President of the European Commission President Ursula von der Leyen

President of the European Council António Costa

President of the European Parliament Roberta Metsola

Hearing of High Representative/Vice President-designate Kaja Kallas, European Parliament

Dear President Ursula von der Leyen,

Dear President António Costa,

Dear President Roberta Metsola,

Dear High Representative / Vice-President Kallas,

We, the undersigned international media freedom, journalists, and human rights organizations, are writing to express our deep concern about violence being meted out on a daily basis in the streets of Tbilisi that are deliberately targeting journalists. We call on the European Union to use all its influence to bring a rapid end to the repression of journalists in Georgia.

The scale of the crackdown on the media since November 28, following the ruling Georgian Dream party’s decision to halt Georgia’s negotiation talks with the EU, has been unprecedented.

More than 90 media workers have experienced physical attacks, verbal abuse, or obstruction as police violently dispersed pro-EU demonstrations. In several cases, journalists equipment has been damaged, destroyed or confiscated. The vast majority of the injured journalists work for independent and government-critical outlets based in Tbilisi.

This brutal crackdown on the media in Georgia is not an isolated incident but part of a rapid deterioration of press freedom and of targeted violence and impunity for crimes against journalists, including those committed during protests earlier this year against the restrictive law on “Transparency of Foreign Influence.” Authorities have orchestrated smear campaigns against journalists and detained and imprisoned media workers. Despite repeated appeals to the Special Investigation Service, crimes against journalists remain largely uninvestigated, perpetuating a culture of impunity.

The scaling back of democratic freedom and rising authoritarianism in Georgia, an EU candidate country, cannot be overlooked. The European Union must stand firm in its commitment to defending press freedom and civil liberties in Georgia. We ask you, as the European Union leaders, to unequivocally and publicly demand that Georgia meets the following press freedom requirements:

Provide safe and enabling environment for all journalist and ensure they can report the protests without obstruction
Guarantee the safety of all journalists, including facilitating the delivery of newsgathering equipment, safety gear, and safety training;
Ensure accountability for those responsible for all crimes against journalists. This must include fully transparent investigations and appropriate sanctions for all those involved.

We urge you to place effective pressure on the Georgian authorities to halt the crackdown and ensure accountability, which could include targeted sanctions against those responsible for attacks on journalists. Furthermore, we call on you to publicly demand that the Georgian Dream ruling party respect journalists’ right to report on ongoing demonstrations without fear for their safety

Thank you for considering our requests.

Best regards,

Signed by:

Media Freedom Rapid Response:

International Press Institute (IPI)
European Center for Press and Media Freedoms (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
OBC Transeuropa (OBCT)
ARTICLE 19 Europe

Justice for Journalists Foundation (JFJ)
Reporters Without Borders (RSF)
European Broadcasting Union (EBU)
Index on Censorship
PEN International

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Turkey: Open Letter – MFRR Urges EU to Act…

Turkey: Open Letter – MFRR Urges EU to Act Against Threat to Freedoms in Proposed “Agent of Influence” Bill

The proposed “agent of influence” bill under consideration by the Turkish Parliament poses a serious threat to fundamental freedoms, including freedom of expression, press freedom, and the public’s right to information. With vague language and harsh penalties, the bill risks being weaponized to silence dissent, treating government critics as spies and further undermining judicial independence. As Türkiye moves away from democratic standards, the EU must act decisively by urging the withdrawal of this legislation, prioritizing freedom of expression in its relations with Türkiye, and supporting civil society. This is a pivotal moment for the EU to uphold its commitment to democracy and human rights on the global stage.

December 10, 2024

Dear President von der Leyen,

We are writing to express our profound concern regarding the proposed “agent of influence” bill which has been under consideration by the Turkish Parliament. This draft legislation, initially presented to the Turkish Parliament in November and expected to be reintroduced before the end of the year, represents a significant threat to fundamental freedoms, including freedom of expression and association, press freedom, and the public’s right to information.

The bill introduces a new offense titled “committing a crime against the security or political interests of the state,” and stipulates that individuals who commit crimes in line with the interests of, or under the direction of, a foreign state or foreign organization, that are against the security and political interests of the Turkish state, will face increased prison terms of three to seven years. However, the bill’s vague language and failure to clearly define its terms, coupled with Türkiye’s lack of judicial independence, would enable courts to effectively treat government critics as spies.

The bill is the latest in a series of measures designed to suppress dissent, following the 2022 disinformation law that imposes censorship and punitive actions on journalists and platforms.

By tightening control over civic space, this bill moves Türkiye away from the EU’s democratic standards. The EU must make it clear that such steps are incompatible with the core values of democracy, transparency, and fundamental rights that the EU upholds.

In this context, we call on the European Commission to:

Publicly call on Türkiye to fully withdraw the bill: An official statement should emphasize the incompatibility of this legislation with democratic principles and the rule of law, and stress that any new legislation must align with international standards to protect freedom of expression, press freedom, and the legitimate activities of civil society.
Prioritize freedom of expression in EU-Türkiye relations: Ensure that press freedom and the protection of civil society remain central in all EU relations with Türkiye.
Engage diplomatically and support civil society: Raise this matter at high-level dialogues with Türkiye, and maintain the EU’s commitment to civil society, human rights and freedom of expression in Türkiye.

This is a pivotal moment for the EU to demonstrate its commitment to democratic principles and human rights, not just within its borders but globally. Supporting the journalists, advocates, and citizens of Türkiye who champion freedom and accountability is both a moral imperative and a reinforcement of the EU’s foundational values.

We trust that the European Commission will respond swiftly and effectively to this urgent challenge.

This open Letter was send to:

Ursula von der Leyen – President of the European Commission

CC: Kaja Kallas, EU High Representative for Foreign Affairs and Security Policy /
Vice President of the European Commission

CC: Marta Kos, European Commissioner for Enlargement

CC: Thomas Ossowski, EU Ambassador to Türkiye

Signed by

International Press Institute (IPI)
Reporters Without Borders (RSF)
Committee to Protect Journalists (CPJ)
European Centre for Press and Media Freedom (ECPMF)
Armãn PEN
ARTICLE 19 Europe
Articolo 21
Association of Journalists (GC)
Association for Monitoring Equal Rights (ESHİD)
Balkan Literary Herald (BLH)
Citizens’ Assembly – Turkey
Civil Rights Defenders (CRD)
Coalition For Women In Journalism (CFWIJ)
Croatian PEN
Çağdaş Hukukçular Derneği / Progressive Lawyers’ Association
Çanakkale Morpati Derneği
Danish PEN
Dicle Fırat Journalists Association (DFG)
European Federation of Journalists (EFJ)
Foreign Media Association Turkey (FMA Turkey)
Freedom House
Genç Düşünce Enstitüsü
Hak İnisiyatifi Derneği
Human Rights Association (İHD)
Human Rights Agenda Association (İHGD)
IFEX
International Federation of Journalists (IFJ)
IPS Communication Foundation / Bianet (IPS/BIA)
Irish PEN/PEN na hÉireann
Journalists’ Union of Turkey (TGS)
Kadın Partisi
Kurdisch Enstîtu-Swîsre
Kurdish PEN
Media and Law Studies Association (MLSA)
Media and Migration Association (MMA)
Osservatorio Balcani Caucaso Transeuropa (OBCT)
PEN America
PEN Català
PEN Esperanto
PEN International
PEN Melbourne
PEN Malawi
PEN Québec
PEN Sydney
PEN Türkiye
P24 Platform for Independent Journalism
Progressive Journalists Association (PJA)
San Miguel PEN
Swedish PEN
South East Europe Media Organisation (SEEMO)
Truth Justice Memory Center
University Queer Research and LGBTI+ Solidarity Association (UniKuir)
Van STAR Women Association
Velvele Queer Media Collective
Vietnamese Abroad PEN
Yapay Gündem

This statement was produced by IPI as part of the Media Freedom Rapid Response (MFRR), a Europe-wide mechanism which tracks, monitors and responds to violations of press and media freedom in EU Member States and candidate countries, funded by the European Commission.

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Lithuania: Joint letter from mediafreedom organisations

Draft amendment to Lithuanian law on national radio and television threatens public broadcaster’s funding model

Today OBCT joins the International and European Federation of journalists (IFJ-EFJ) and other mediafreedom organisations in writing to the authorities in Lithuania, urging them to open consultation and discussion with LRT and ensure that any changes to the funding model will maintain guarantees that LRT is fully funded and able to fulfil its mandate.

25 June 2024

To:

Office of the President of the Republic of Lithuania, kanceliarija@prezidentas.lt

Ms Vikorija Čmilytė-Nielsen, Speaker of the Seimas of the Republic of Lithuania, pirmininko.sekretoriatas@lrs.lt

Members of the Seimas of the Republic of Lithuania, via Ms Vaida Servetkienė, Director of Document Department, Acting Secretary General of the Seimas

Members of the Committee on Culture of the Seimas, via Ms Agnė Jonaitienė, Head of the Committee Burau

Members of the Committee on Budget and Finance of the Seimas, via Committee Bureau

Mr Mindaugas Lingė, Chair of the Committee on Budget and Finance

Ms Ieva Ulčickaitė, Chief Advisor to the President

Mr Frederikas Jansonas, Chief Advisor to the to the President on Communications

Subject: Draft amendment to Lithuanian law on national radio and television threatens public broadcaster’s funding model

The International and European Federation of journalists (IFJ-EFJ), together with the International Press Institute (IPI) are concerned about the draft amendment to the Lithuanian Law on National Radio and Television (LRT) submitted by Mindaugas Lingė, Member of Parliament, on 14 June 2002. The draft seriously threatens the public broadcaster’s funding model.

The current LRT law guarantees that its budget should never fall below its 2019 level. The proposed amendment seeks to abandon this crucial provision and replace it with a mechanism that would limit the growth of LRT’s budget.

The draft was submitted without prior consultation with the public broadcaster. As stated in Article 5(3) of the newly adopted European Media Freedom Act (EMFA), funding procedures should be based on “transparent and objective criteria laid down in advance”. The submission of such changes without informing and consulting the public broadcaster reinforces our concerns about the future of the broadcaster.

The proposed abolition of the minimum funding threshold undermines the long term sustainability of LRT, compromising its independence and reducing its ability to fulfil its mandate.

The amendment is being justified as necessary in order to redirect funds to increase Lithuania’s defence spending. Raising a defence budget must not come at the cost of undermining institutions essential for the preservation of Lithuania’s democracy, including public broadcasting.

As a public media service, LRT must be adequately funded to fulfil its mission, to evolve in line with rapid technological and social change and to ensure adequate preparedness for uninterrupted broadcasting in times of emergency. Moreover, the public service media’s role in combatting disinformation is also vital for the protection against information warfare.

We urge the authorities to engage in open consultation and discussion with LRT to ensure that any changes to the funding model will maintain guarantees that LRT is fully funded and able to fulfil its public service remit.

Thank you for your attention to this important issue. We remain at your disposal for any further information or assistance.

Signed by:

Ricardo Gutiérrez, General Secretary of the European Federation of Journalists (EFJ)

Anthony Bellanger, General Secretary of the International Federation of Journalists (IFJ)

Chiara Sighele, Programme Manager, Osservatorio Balcani Caucaso Transeuropa (OBCT)

Scott Griffen, Interim Executive Director, International Press Institute (IPI)

Andreas Lamm, Interim Managing Director, European Centre for Press and Media Freedom (ECPMF)

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Defending Press Freedom in Georgia as the foreign agent…

Defending Press Freedom in Georgia as the foreign agent bill passes the third reading

Today the partners of the Media Freedom Rapid Response (MFRR) urge President of the European Council Charles Michel and EU Ambassador to Georgia Pawel Herczyński to call on the Georgian government to fully and unconditionally withdraw the foreign agent bill and to respect the right of journalists to report on the ongoing demonstrations without fear for their safety.

President of the European Council: Charles Michel

EU Ambassador to Georgia: Pawel Herczyński

Dear President Michel,

Dear Ambassador Herczyński,

We, the undersigned international press freedom, journalists and human rights organisations, are writing to express our deep concern about recent critical developments in Georgia, where the ruling Georgian Dream party passed the Russian-style foreign agent bill titled “Transparency of Foreign Influence” in its third and final reading on Tuesday May 14.

The Bill was approved with 84 votes in favor and 30 against. According to this legislation, NGOs and independent media receiving more than 20% of their funding from foreign sources would be required to register as organisations “pursuing the interests of foreign power.”

On Sunday, May 19, President Zourabichvili of Georgia vetoed the law, which is widely accepted to be overruled by the Parliament.

International press freedom and human rights organisations have been raising the alarm about this restrictive piece of legislation since it was reintroduced in early April. On April 11, Media Freedom Rapid Response (MFRR) partners called on the Georgian Dream (GD) ruling party to withdraw the bill, and on May 10, 18 international press freedom organisations sent a letter to Prime Minister Kobakhidze urging him to withdraw the Bill, ensure the safety of journalists, and uphold press freedom.

The Bill provides the authorities with a powerful tool to discredit, pressure, and eventually silence independent voices, thereby threatening press freedom and freedom of expression. The law would not only force independent media and NGOs to be labeled as “organisations pursuing the interests of foreign powers,” it would also empower the Ministry of Justice to conduct monitoring and investigations of these organizations solely on the basis of a written application alleging ties to a “foreign power”, or a decision of the responsible authority within the Ministry of Justice. The Ministry of Justice would have the power to request personal “and confidential” information enabling it to interfere in the activities of independent media outlets and NGOs, disrupt their operations, and undermine their watchdog role. According to the latest changes made by Parliament, the law has been extended to enable the fining organization and of individuals for not submitting the requested data, including personal and confidential information. This comes notwithstanding the GD’s promises that the law would not concern any individuals.

Shortly after the Bill’s reintroduction, journalists have faced intimidation through phone calls, physical and verbal assaults, injuries, and vandalism of their personal items, apartment buildings, offices, and cars. Journalists from online outlets were further barred from Parliament preventing them from reporting the parliamentary debates on the bill. Based on our data, at least 20 media workers have been physically assaulted, verbally harassed, or detained while covering demonstrations, and we call on you to ensure the incidents are fully investigated and the perpetrators are held accountable. The rise in violent incidents against journalists and the growing hostility against the media indicate the government’s intolerance of criticism and dissent in the country.

The state of press freedom in Georgia has been deteriorating in recent years. Authorities have led smear campaigns against journalists from donor-funded independent media outlets before the reintroduction of this Bill, as well as detained and imprisoned journalists and media workers.

Given the overall sharp democratic decline, increasing hostility of the authorities towards critical voices, and the highly partisan and polarised media scene in Georgia, where a large portion of independent publishers have to rely on donor funding, the enactment of the foreign agent bill could be the final straw for Georgia’s embattled independent media and civil society.

We urge you to call on the Georgian government to fully and unconditionally withdraw this Bill. Furthermore, we urge you to publicly call on the Georgian government to respect the right of journalists to report on the ongoing demonstrations without fear for their safety. Media freedom and freedom of expression are essential pillars of democracy and European values, and should be placed at the center of Georgia’s relationship with the EU.

Sincerely,

International Press Institute (IPI)

European Centre for Press and Media Freedom (ECPMF)

The European Federation of Journalists (EFJ)

Osservatorio Balcani Caucaso Transeuropa (OBCT)

Free Press Unlimited (FPU)

Ossigeno.info (Italy)

Society of Journalists, Warsaw

South East Europe Media Organisation (SEEMO)

Media Diversity Institute Global

Media Diversity Institute

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Georgian PM urged to withdraw Foreign Agent Law and…

Georgian PM urged to withdraw Foreign Agent Law and to guarantee journalist safety

Today the partners of the Media Freedom Rapid Response (MFRR) urge Georgian Prime Minister Irakli Kobakhidze to immediately withdraw the bill on Transparency of Foreign Influence and to address the concerning rise in attacks against journalists and media workers in recent weeks.

Irakli Kobakhidze

Prime Minister of Georgia

7 Ingorokva Street

State Chancellery

Tbilisi, Georgia

Dear Prime Minister Kobakhidze,

We, the undersigned international press freedom, journalists and human rights organisations, are writing to express our deep alarm about the reintroduction of the bill on Transparency of Foreign Influence and the sudden rise in violence and other restrictions against Georgia’s journalists reporting on the public protests against the Bill.

We reiterate our call for the immediate withdrawal of the Bill which threatens the viability of many independent media and we call on the authorities to guarantee the safety of all journalists after at least 20 media workers were physically assaulted, verbally harassed, or detained while covering demonstrations.

The Transparency of Foreign Influence bill, which was recently passed in its second reading at the Parliament, provides the authorities with a powerful tool to discredit, pressure, and eventually silence independent voices, thereby threatening press freedom and freedom of expression.

The law would not only force independent media and NGOs to be labelled as “organisations pursuing the interests of foreign powers,” it would also empower the Ministry of Justice to conduct “thorough investigations” of these organizations solely on the basis of a written application alleging ties to a “foreign power.”

The Ministry of Justice would have the power to request personal information enabling it to interfere in the activities of independent media outlets and NGOs, disrupt their operations, and undermine their watchdog role.

Georgia’s current legal framework provides safeguards that uphold freedom of the press, including Article 17 of the Constitution of Georgia, which guarantees the inadmissibility of censorship, freedom of the media, and pluralism of the media. Additionally, Article 3 of the Law on Freedom of Speech and Expression guarantees journalists’ right to protect the confidentiality of sources of information, and to make editorial decisions in accordance with their own conscience.

These important legal protections will be undermined by the new Bill by enabling direct government interference and pressure to be applied to newsrooms.

Lastly, journalists should be able to carry out their work freely. The decision to bar journalists from online outlets from the Parliament, which was made at the very start of parliamentary debates on the Bill, is a clear restriction of the freedom of the media and should be immediately overturned. Furthermore, journalists are unable to carry out their work safely due to police violence and intimidation on the streets of Tbilisi which should immediately end. According to Article 154 of the Criminal Code of Georgia, unlawful interference with a journalist’s professional activities is strictly punishable especially when committed using threats of violence or abusing an official position.

Based on our data, at least 20 media workers have been physically assaulted, verbally harassed, or detained while covering demonstrations, and we call on you to ensure the incidents are fully investigated and the perpetrators are held accountable.

Signed:

International Press Institute (IPI)

Index on Censorship

International Media Support (IMS)

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Free Press Unlimited (FPU)

OBC Transeuropa (OBCT)

South East Europe Media Organisation (SEEMO)

Association of European Journalists (AEJ Belgium)

Organized Crime and Corruption Reporting Project

Association of European Journalists (AJE France)

IFEX

Committee to Protect Journalists

Public Media Alliance (PMA)

Society of Journalists (Warsaw)

Human Rights House Foundation (HRHF)

Community Media Forum Europe (CMFE)

Global Forum for Media Development (GFMD)

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Media Freedom Groups troubled with the CULT report on…

Media Freedom Groups troubled with the CULT report on the EMFA proposal

Apr 28, 2023

Dear Sabine Verheyen,

We, the undersigned journalists, press freedom, civil society, trade unions, and digital rights groups, are writing to you with regard to the proposed amendments to the draft European Media Freedom Act (EMFA) you have written as the Rapporteur on behalf of the Committee on Culture and Education (CULT).

We thank the rapporteur for the timely drafting and appreciate several amendments in the report, such as the strengthening of the independence of the European Board for Media Services.

However, we are very concerned about many changes that dilute the impact of the proposal , as well as the harmonization effort that drives the EMFA. Moreover, the removal of the explicit reference and guarantee of journalists and editors’ editorial independence throughout the proposal, and the changing of the media pluralism test from mandatory to optional in national rules raise our concern regarding the EMFA’s capacity to adequately protect media pluralism and media freedom in the EU.

Our main critical points are the following:

The removal of almost all references to editorial independence in the proposal and the insertion of media owners’ right to assume a leading editorial role (Art 6.2);
The insertion of VLOPs into the media plurality assessment and the exchange of a mandatory nature for a voluntary one (Art 21); and
The failure to strengthen media ownership transparency rules (Art 6.1).

Editorial independence is an essential pillar of media freedom that helps guarantee the integrity of a media’s journalism and protection against the undue influence of vested interests from political or business groups. The latest scandal surrounding Mathias Döpfner, the CEO of Axel Springer, seeking to interfere in editorial policy of Germany’s largest newspaper underlines the vulnerability of our media to vested interests and the necessity to maintain protections on editorial independence across Europe.

The inclusion of Very Large Online Platforms under the media plurality test under Art 21 should also be removed as it prejudges the methodology to be developed for protecting news media pluralism in Europe. News media plurality cannot be looked at in isolation and VLOPs as with other actors such as advertising companies have a significant impact on the media economy and this is recognised already in the Digital Markets Act (Regulation 2022/1925). However, to insert VLOPs into the EMFA which is primarily focused on a public interest test for news media is premature and ties the hands of the policy experts assigned to develop the media plurality test.

We kindly remind you that the media ownership transparency obligations on media under Article 6.1 should be strengthened as it is only through clear publicly available and verifiable information that the public can make informed decisions about the integrity of the media. This is also a request in the recently published independent research for the CULT Committee on the EMFA. Only this way will we achieve meaningful transparency.

We call on you, dear Sabine Verheyen, and on all CULT members as the lead committee, which has been a reliable and vocal campaigner for media freedoms across the European Union, to stick to your principles and help to improve this act as a regulation so much needed in the EU and beyond.

With kind regards,

Signed by:

Association of European Journalists (AEJ Belgium)
Civil Liberties Union for Europe (Liberties)
Eurocadres
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Global Forum for Media Development (GFMD)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Ossigeno.info
South East Europe Media Organisation (SEEMO)
Society of Journalists, Warsaw
The Daphne Caruana Galizia Foundation

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Malta: Press freedom groups urge PM to deliver strong…

Malta: Press freedom groups urge PM to deliver strong media law reforms

16 March 2023

Dear Prime Minister Robert Abela,

The undersigned international press freedom and journalists organisations are today writing to urge your government to follow up on the recent public consultation into media law reforms by implementing changes which will significantly strengthen the draft legislation. As the monthly memorial service for the assassination of Daphne Caruana Galizia is held in central Valletta today, we also renew our call for these reforms to fully implement the recommendations of the independent inquiry into her murder.

As our organisations have previously outlined, the current draft bills for improving protection of the media presented in September 2022 fail to create the systemic reforms required to foster an enabling environment for free and independent journalism. We therefore welcome the government’s belated decision, following criticism, to freeze parliamentary debate on the three bills to give time for the Committee of Experts to carry out a consultative process.

To ensure the public consultation is not simply a box-ticking exercise, we now urge your government to properly consider and implement the proposals for strengthening the media bills developed during the consultation. Amendments should also implement the recommendations of the government-appointed Committee of Experts and other key domestic and international stakeholders. We also call on your administration to prove a clear timeline for the next steps of the legislative process and to ensure effective transparency regarding that process. This should involve more regular press briefings, substantive responses to media inquiries, publication of reports of meetings about the law, and scheduled opportunities for international civil society organisations to contribute to the reform process.

Any moves to improve the draft legislation must be grounded in the recommendations set out in the report of the landmark 2021 Public Inquiry report. This should include the constitutional recognition of journalism as the fourth pillar of democracy and introduce effective new laws to address impunity, corruption and the abuse of power. Such changes must at the very least meet international standards on the protection and safety of journalists and freedom of the media, including the strengthening of the government’s watered-down anti-SLAPP legislation.

These reforms should also follow the recommendations of two legal analyses conducted by the OSCE Representative on Freedom of the Media and the recommendations by the European Commission in its 2022 Rule of Law Country Chapter on Malta, as well as from the European Parliament’s Democracy, Rule of Law and Fundamental Rights Monitoring Group.

As the Public Inquiry identified, the Maltese state bears responsibility for allowing the toxic conditions in which the murder of a journalist took place to fester. We believe your government bears fundamental responsibility for ensuring that systemic reforms are carried out to ensure such a heinous killing is never committed again. We urge you to, at a minimum, implement the proposals put forward during the public consultation and follow the advice of the Committee of Experts in the next stages of the legislative process. Daphne Caruana Galizia and her family deserve no less.

Our international press freedom and journalists organisations will continue to closely monitor this situation and remain at your disposal for a meeting to share our combined expert opinions on these matters.

Signed by:

ARTICLE 19 Europe
Committee to Protect Journalists (CPJ)
European Centre for Press and Media Freedom (ECPMF)
European Federation of Journalists (EFJ)
Free Press Unlimited (FPU)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Reporters Without Borders (RSF)

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Chance for Czech Presidency of EU to champion media…

Chance for Czech Presidency of EU to champion media freedom

Seventeen media freedom and freedom of expression organisations from across Europe wrote to Czech Prime Minister Petr Fiala to urge his government to use it upcoming presidency of the European Union to help drive forward vital EU initiatives to protect media freedom across the bloc, including the European Media Freedom Act (EFMA).

Sent on the eve of Czech Presidency of the Council of the European Union, the open letter welcomes the Czech administration’s ongoing commitment to the freedom of the media and stresses the opportunity to advance the debate around the EMFA as a vital tool for pushing back against the threat posed to independent journalism by media capture.

Read the full letter below and a joint statement by the same groups on the need for a strong and ambitious EFMA

June 30, 2022

Petr Fiala, Prime Minister, Czech Republic

CC: Mikuláš Bek, Minister of Europe

CC: Charles Michel, President of the European Council

CC: Ursula Von der Leyen, President of the European Commission

—

Dear Prime Minister Fiala,

On behalf of seventeen journalists, media freedom, and human rights groups we take the opportunity of the upcoming Czech Republic’s presidency of the Council of the European Union to welcome your government’s commitment to freedom of the media and determination to advance the EU’s ability to address threats to journalism and media freedom.

The current Commission has prioritized media freedom as part of its Democracy Action Plan and has taken important initiatives in advancing the safety of journalists through the recommendations issued in September 2021, and in addressing the balance of power on the internet to preserve fundamental human rights and combat disinformation in the Digital Services Act.

In April the much-needed anti-Slapps Directive was launched and, left undiluted in its current form, can make a very significant impact on protecting journalists from being targeted by vexatious lawsuits designed to stifle public debate and prevent accountability.

And under your presidency the European Commission is due to publish the European Media Freedom Act providing a crucial opportunity to combat the threats posed to European democracy by the capture of media by political parties and governments that has become increasingly prevalent in parts of the European Union.

Media Capture as conducted by political forces can be broadly understood as the abuse of government powers to create a pliant media acting in the interests of the government. It can be divided into four key areas,

the misuse and abuse of government funds – advertising, public subsidies or other public contracts – to boost media support for government and punish independent media
the taking over of media regulators with politically aligned supporters that can abuse their authority to rule on media licensing and mergers in favour of pro-government media
the manipulation of media ownership to create a bubble of government propaganda outfits – often dependent on government largess – and sidelining independent media to the edges of public debate
the control of public media, often converted into flagrant propaganda arms.

The EMFA should address all of these areas by introducing Europe wide rules on

Improving transparency of media ownership and funding and all financial relations between media and the government
Ending the abuse of government funds to finance media allies and creating a hostile economic environment to independent media
Improving the independence of media regulators, and
Protecting public media from political interference

The Czech Presidency has an opportunity to advance the debate around the EMFA as it understands well the threat posed by media capture and the necessity for EU action.

In particular you have witnessed how public advertising and public contracts were abused by the previous Czech government to fund media close to and owned by the former Prime Minister. You have also witnessed how the appointments process for the governing bodies of the Czech TV were politicised by the previous government in an attempt to take control of the public broadcaster. And you have witnessed how media pluralism can suffer when mainstream media are taken over by oligarchs dependent on close relations with the government to protect their broader business interests.

You were elected to power on the promise of promoting media freedom, independence and pluralism and introducing reforms to end the ability of governments to abuse state funds to influence media coverage. We ask you to help replicate these actions with a strong endorsement of the European Media Freedom Act.

Kind regards,

International Press Institute (IPI)

Association of European Journalists (AEJ Belgium)

Baltic Centre for Media Excellence (BCME)

Civil Liberties Union for Europe (Liberties)

The Coalition For Women In Journalism (CFWIJ)

Cultural Broadcasting Archive (cba), Vienna

European Centre for Press and Media Freedom (ECPMF)

European Federation of Journalists (EFJ)

Finnish Foundation for Media and Development

Free Press Unlimited

Global Forum for Media Development

IFEX

OBC Transeuropa (OBCT)

Ossigeno.info

Public Media Alliance (PMA)

South East Europe Media Organisation (SEEMO)

Society of Journalists, Warsaw

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Concern over delay in investigation into leak of Emilia…

Media freedom groups concerned by delay in investigation into leak of Emilia Șercan’s stolen photos

MFRR consortium joined a collection of media freedom and freedom of expression groups in writing to Nicolae Ciucă, Prime Minister of Romania, Minister of Internal Affairs of Romania, Lucian Bode, General Prosecutor of Romania, Gabriela Scutea, General Prosecutor attached to the Bucharest Court of Appeal, Ioan Viorel Cerbu, Romanian Ombudsman, and Renate Weber, General Inspector of the Romanian Police, Quaestor of police Benone-Marian Matei.

The open letter, which follows up on a previous letter sent by the group on 13 April 2022, expresses concern at delays to the investigation into the publication of Romanian journalist Emilia Șercan’s stolen photos and the alleged leak of key elements of the investigation into this offense.

Open letter, sent electronically

28 June 2022

Dear Prime Minister of Romania, Nicolae Ciucă,

Dear Minister of Internal Affairs of Romania, Lucian Bode,

Dear General Prosecutor of Romania, Gabriela Scutea,

Dear General Prosecutor attached to the Bucharest Court of Appeal, Ioan Viorel Cerbu

Dear Romanian Ombudsman, Renate Weber,

Dear General Inspector of the Romanian Police, Quaestor of police Benone-Marian Matei

The undersigned organizations write to share their deep concerns about the delay in the investigations into the publication of Romanian journalist Emilia Șercan’s stolen photos and the alleged leak of key elements of the investigation into this offense.

The compelling need for independent investigations has been pointed out in an open letter that our organizations sent to the Romanian authorities in April 2022.

Although the principle of confidentiality of investigation applies, the law enforcement authorities seem to have failed – according to available information – to make significant progress four months after Emilia Șercan became the target of harassment and a smear campaign through the publication of her private pictures and the alleged leak of key elements of the criminal investigation into the matter amplifying the exposure of her private pictures. .

Moreover, neither the response of the Ministry of Interior to the above-mentioned open letter, nor the state reply to the alert published on the Council of Europe’s platform to promote the protection of journalism and safety of journalists addressed our organizations’ legitimate concerns about the progress of the investigation into the leak.

Hence, our organizations find that the authorities are neither designating the investigation a priority, nor devoting sufficient resources to it.

Guaranteeing a swift and independent investigation appears all the more necessary and urgent in the light of the risk of alteration of evidence and of the inaccessibility of the evidence caused by the delay. This could significantly complicate the proper conduct of the investigation.

Furthermore, the information newly added to the file indicates possible involvement of the police in the alleged leak from the criminal investigation into the offense, as a screenshot that Emilia Șercan had provided to the police appeared in the media along with her private pictures. It seems that before the leak, solely the police – in addition to the journalist herself – had access to the screenshot.

This last hypothesis is supported by a recent independent expert report concluding that any surveillance of the plaintiff’s devices is unlikely.

It is all the more crucial to prosecute these offenses given that they specifically target a journalist who has been threatened for her investigations into the practice of plagiarism by heads of the highest state institutions, including military educational institutions.

It is of utmost importance that the probe into both the threats that targeted Emilia Șercan and into the alleged leak of her stolen pictures from the criminal investigation be conducted in total independence and reach a successful conclusion as soon as possible.

As stated by Vice-President of the European Commission Vera Jourova in her reply to the open letterof Members of the European Parliament on Emilia Șercan’s case, “the Commission calls on Member States to investigate and prosecute all criminal acts committed against journalists, whether online or offline, in an impartial, independent, effective, transparent and timely manner (…) and (to) make full use of existing national and European legislation, to ensure that fundamental rights are protected and justice is swiftly delivered in particular cases and prevent the emergence of a ‘culture ’ of impunity regarding attacks against journalists”.

Indeed, the authorities swift and transparent action in Emilia Șercan’s case is in the interest of improving press freedom in Romania, which recently has declined due to an increasing number of threats and resulted in RSF ranking the country 56th in its World Press Freedom Index.

Thank you for considering our concerns.

Signed by:

ActiveWatch
Article 19 Europe
Committee to Protect Journalists (CPJ)
European Federation of Journalists (EFJ)
European Centre for Press and Media Freedom (ECPMF)
International Press Institute (IPI)
OBC Transeuropa (OBCT)
Reporters Without Borders (RSF)

Transmis electronic

Paris, 28 iunie 2022

Subiect: Publicarea pozelor furate ale Emiliei Șercan și presupusa scurgere din ancheta penală

Stimate premier al României, Nicolae Ciucă,

Stimate ministru al Afacerilor Interne al României, Lucian Bode,

Stimate procuror general al României, Gabriela Scutea,

Stimate procuror general de pe lângă Curtea de Apel București, Ioan Viorel Cerbu

Stimate Avocat al Poporului, Renate Weber,

Stimate Inspector General al Poliției Române, Chestor de poliție Benone-Marian Matei

Organizațiile semnatare vă scriu pentru a-și împărtăși îngrijorarea profundă cu privire la întârzierea investigațiilor privind publicarea fotografiilor furate ale jurnalistei românce Emilia Șercan și presupusa scurgere a unor elemente cheie ale anchetei în această infracțiune.

Necesitatea imperioasă a unor investigații independente a fost subliniată într-o scrisoare deschisă pe care organizațiile noastre au trimis-o autorităților române în aprilie 2022.

Deși se aplică principiul confidențialității anchetei, autoritățile de aplicare a legii par să fi eșuat – conform informațiilor disponibile – în a face progrese semnificative la patru luni după ce Emilia Șercan a devenit ținta hărțuirii și a unei campanii de defăimare prin publicarea fotografiilor sale private și prin presupusa scurgere de elemente cheie ale anchetei penale, amplificând expunerea pozelor sale private.

Mai mult, nici răspunsul Ministerului Afacerilor Interne la scrisoarea deschisă menționată mai sus, nici răspunsul statului la alerta publicată pe platforma Consiliului Europei pentru promovarea protecției jurnalismului și a siguranței jurnaliştilor, nu au abordat preocupările legitime ale organizaţiilor noastre cu privire la progresul anchetei privind scurgerea.

Prin urmare, organizațiile noastre constată că autoritățile nu acordă acestei investigații un statut prioritar și nici nu îi alocă resurse suficiente.

Garantarea unei investigații rapide și independente pare cu atât mai necesară și mai urgentă în lumina riscului de alterare a probelor și a inaccesibilității probelor, cauzate de întârziere. Acest lucru ar putea complica semnificativ desfășurarea corectă a investigației.

Mai mult, informațiile nou adăugate la dosar indică o posibilă implicare a poliției în presupusa scurgere din investigația penală asupra infracțiunii, întrucât în mass-media a apărut o captură de ecran pe care Emilia Șercan o furnizase polițiștilor, alături de pozele sale private. Se pare că înainte de scurgere, doar poliția – pe lângă jurnalista însăși – a avut acces la această captură de ecran.

Această ultimă ipoteză este susținută de un recent raport de expertiză independentă care concluzionează că orice supraveghere a dispozitivelor reclamantei Emilia Șercan este puțin probabilă.

Este cu atât mai important să investigăm aceste infracțiuni cu cât vizează în mod specific o jurnalistă care a fost amenințată pentru anchetele ei privind practicarea plagiatului de către șefi ai celor mai înalte instituții ale statului, inclusiv instituții militare de învățământ.

Este de maximă importanță ca ancheta atât cu privire la amenințările care au vizat-o pe Emilia Șercan, cât și cu privire la presupusa scurgere, a pozelor ei furate, din cadrul urmăririi penale, să se desfășoare în deplină independență și să ajungă la o rezolvare cu succes cât mai curând posibil.

După cum a afirmat vicepreședinta Comisiei Europene, Vera Jourova, în răspunsul său la scrisoarea deschisă a deputaților din Parlamentul European cu privire la cazul Emilia Șercan, „Comisia solicită statelor membre să investigheze și să urmărească penal toate faptele penale comise împotriva jurnaliştilor, fie online, sau offline, într-o manieră imparțială, independentă, eficientă, transparentă și în timp util (…) și (să) utilizeze pe deplin legislația națională și europeană existentă, pentru a se asigura că drepturile fundamentale sunt protejate și că actul de justiție este îndeplinit rapid în cazuri individuale și pentru a preveni apariția unei <<culturi>> a impunității în ceea ce privește atacurile împotriva jurnaliștilor”.

Într-adevăr, acțiunea rapidă și transparentă a autorităților în cazul Emiliei Șercan este în interesul îmbunătățirii stării libertății presei în România, care recent a scăzut ca urmare a unui număr tot mai mare de amenințăr, și a dus la clasarea de către RSF a țării pe locul 56 în Indexul mondial al libertății presei.

Vă mulțumim că luați în considerare preocupările noastre.