Can the European Union be trusted to protect journalists from spying governments? The answer became clearer on December 15, following amendments to the European Media Freedom Act (emfa).

Background: The emfa was created in September 2022. Article 4 deals with the use of spyware to investigate journalists suspected of crimes. The original law stated that monitoring could be authorized “on a case-by-case basis for reasons of national security.” The term “national security” generated criticism for its vagueness, giving national governments power to investigate nearly anyone.

Germany gets involved: An amendment was agreed to on Dec. 15, 2023, removing the reference to “national security.” Prior to that, Hungary, France, Italy, Sweden and others opposed the change, leading to deadlock in the European Council and drawing further attention from investigative journalism organizations.

To break the deadlock, Germany proposed the following wording: “This article is without prejudice to the member states’ responsibility for safeguarding the areas for which they are solely responsible.” In other words, national authorities decide how and when to use spyware and other means to monitor or investigate journalists.

What does this wording actually change? According to some analysts, not much. Speaking to Investigate Europe, French lawyer and press law expert Christophe Bigot noted this is nothing more than a “change on paper,” saying that in France, “searches of journalists’ or editorial offices are almost always granted.”

Questions remain: EU law requires a judge’s decision if a member state’s police want to interrogate a journalist about their sources. At the EU level, a committee oversees how law enforcement uses these powers. However, as the Cyprus Mail wrote, “While it may sound like sufficient safeguards are in place to deter abuse, experience from around the world says otherwise.” Cyprus has already legalized the use of spyware on journalists.

In addition, “terrorism” is among the 10 crimes named as justification for using spyware against journalists. However, terrorism is not clearly defined.

Attack on press freedom: Anyone who values individual freedom and access to truth should watch these events in Europe. The Trumpet has reported how Hungary is a prime example of how easily journalists who oppose the ruling authorities can be silenced.

In response to threats such as the war in Ukraine, the migrant crisis and the attacks on shipping in the Red Sea, Germany will lead a radical change in European politics. A strongman will rule Europe with kingly authority. A key aspect of this type of leadership is control of the press, whether in print or online.

Learn more: Read “Germany Is Taking Control of the Internet.”