The European Parliament recommends strict conditions for government use of spyware like Pegasus, emphasizing legality, necessity, and proportionality in deploying such tools against journalists. A recent report highlights concerns over surveillance practices in EU countries, urging alignment with international recommendations and emphasizing the need to protect press freedom amidst evolving threats.
What are the European Parliament’s recommendations regarding government use of spyware?
The European Parliament recommends that the use of spyware such as Pegasus should only be allowed after thorough investigations into abuse allegations. States should align national legislation with Venice Commission recommendations and the EU Court of Justice case-law, and ensure legality, necessity, and proportionality when deploying spyware against journalists.
European Scrutiny on Surveillance Practices
A recent report by a prominent European institution has placed Cyprus alongside several EU member states where the use of spyware against journalists is causing trepidation. This report is part of a comprehensive annual assessment that scrutinizes press freedom within Europe. In its detailed analysis for the year 2023, the report references the state of press freedoms across the EU.
Cyprus, Hungary, Poland, Greece, and Spain were specifically mentioned in light of the European Parliament’s Committee of Inquiry’s findings. On June 15, 2023, recommendations were targeted at these countries following concerns over the deployment of spyware like Pegasus. The European Parliament has suggested stringent conditions for using such spyware — it should only be permitted after thorough investigations into allegations of its abuse. Furthermore, there’s a call for national legislation to be aligned with the Venice Commission’s recommendations and the EU Court of Justice case-law.
Regulatory Recommendations
The Council of Europe, in the ‘surveillance’ section of its report, advises that member states should promptly declare a moratorium on the export, sale, transfer, and usage of invasive spyware tools, such as Pegasus. The need for clearer and stronger regulations surrounding modern surveillance technologies is emphasized.
To safeguard journalistic freedom and uphold human rights, the Council insists that states must abstain from unjustly deploying spyware against journalists. It underscores the necessity for legality, necessity, and proportionality in each instance where such tools are used. Moreover, the report implores judicial bodies to investigate every claim of spyware abuse rigorously. It also stresses the need for governments to set up strict protocols for examining, using, and storing any information obtained through these means.
Press Freedom and Defamation Laws
Cyprus receives additional attention in the report for its stance on defamation laws. It is one of four EU member states — the others being Bulgaria, Lithuania, and Serbia — that have partially decriminalized defamation. This move is significant, as defamation laws often play a pivotal role in how journalists can operate without fear of legal repercussions.
Simultaneously, the report draws attention to the concern over the utilization of Strategic Lawsuits Against Public Participation (Slapps). These lawsuits, frequently based on alleged defamation or reputation damage, are identified as a significant barrier to journalists’ investigative efforts into corruption and financial crimes. The Council of Europe finds that such legal actions stifle journalistic endeavour, especially where defamation remains a criminal act.
Surveillance Technologies and Press Freedom
The overarching message of the report is a sobering one for Europe’s press freedom in 2023. While there has been a decrease in the violence against journalists and killings, the diverse set of threats and pressures journalists face is expanding. These threats are manifold and complex, posing serious challenges to the fundamental mission of journalism.
The report calls for states and relevant authorities to take responsibility for protecting journalists and ensuring that their freedom to report is not compromised by invasive surveillance technologies. Robust legal frameworks, judicial oversight, and compliance with human rights standards are essential pillars to maintain the integrity of press freedom in Europe and beyond.
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What are the European Parliament’s recommendations regarding government use of spyware?
The European Parliament recommends that the use of spyware such as Pegasus should only be allowed after thorough investigations into abuse allegations. States should align national legislation with Venice Commission recommendations and the EU Court of Justice case-law, and ensure legality, necessity, and proportionality when deploying spyware against journalists.
What are the Council of Europe’s regulatory recommendations regarding surveillance practices?
The Council of Europe advises member states to declare a moratorium on the export, sale, transfer, and usage of invasive spyware tools like Pegasus. Clearer and stronger regulations surrounding modern surveillance technologies are emphasized to safeguard journalistic freedom and uphold human rights. States are urged to abstain from unjustly deploying spyware against journalists and to ensure legality, necessity, and proportionality in each instance of use.
How is Cyprus specifically mentioned in the recent report on surveillance practices in EU countries?
Cyprus is highlighted in the report alongside other EU member states due to concerns over the deployment of spyware like Pegasus against journalists. Recommendations were directed at Cyprus and other countries following the European Parliament’s Committee of Inquiry’s findings. The report also focuses on Cyprus’ stance on defamation laws and the impact of Strategic Lawsuits Against Public Participation (Slapps) on journalistic freedom.
What is the overarching message of the recent report on surveillance technologies and press freedom in Europe?
The report emphasizes the expanding threats and pressures that journalists face in Europe, despite a decrease in violence against journalists and killings. It calls for states and relevant authorities to take responsibility for protecting journalists and ensuring that their freedom to report is not compromised by invasive surveillance technologies. Robust legal frameworks, judicial oversight, and compliance with human rights standards are essential to uphold press freedom in Europe.
