Spying on journalists cannot be eliminated completely, Metsola told European leaders

European Parliament President Roberta Metsola had acknowledged that when it comes to surveillance on journalists, spyware cannot be completely off the table.

Metsola was addressing EU leaders on Thursday, 24 hours before lengthy negotiations between the European Parliament, the Council and the Commission hammered out a compromise deal on the European Media Freedom Act.

Minutes of the meeting seen by MaltaToday show that Metsola told EU leaders that spying on journalists should not be legitimised but called for safeguards since surveillance cannot be completely banned.

Metsola’s comments made behind closed doors were also picked up by the Brussels-based news portal Politico.

The backroom negotiations on the Media Freedom Act had recently made headlines locally, as Malta was among seven EU states that supported the French position in favour of a clause that authorised surveillance of journalists if this can protect national security. The term national security was too broad to afford any comfort for journalists and media freedom campaigners.

In a memo seen by this newspaper, France had emphasised that the exclusion clause is key to ensuring national and European security, while noting that such surveillance activities should be “strictly controlled by national authorities.”

On Friday, Metsola announced on X, formerly Twitter, that an agreement had been reached on the act, and that the new version of the act did not mention national security concerns as justification for surveillance on journalists.

This is the first comprehensive media freedom law that all of the EU’s member states will be able to instantly implement. The Committee of the Permanent Representatives of the Governments of the Member States to the European Union must still ratify this week’s accord on Wednesday.

According to the newly amended act, member states could monitor journalists, so long as they are abiding by national or EU law, is authorised by a judicial or independent and impartial authority, and is “justified on a case-by-case basis by an overriding reason of public interest and is proportionate.”

Meanwhile, the European Federation of Journalists (EFJ) welcomed the revised act, describing it as “a victory for all defenders of press freedom and democracy.”

Brussels introduced the EU’s Media Freedom Act last year in response to mounting pressure on journalists in member states like Poland and Hungary.

After the European Parliament and member states at the EU Council formally ratify the draft document, it will become law.

Roberta Metsola clarification

Reacting to the MaltaToday report, a spokesperson for the European Parliament said the report was not “an accurate reflection or fair interpretation of what the President of the European Parliament said.”

“What President Metsola said was that journalists must be safeguarded against spying; and that while there are legitimate uses for law enforcement to use such technology safeguards must be put in place to ensure this is not used against journalists,” the spokesperson said.