Recently, the proposed EU measures intended to increase press freedom and safety have been highlighted in a dispatch from the EU by law students from the European Union reporting for JURIST. The ongoing threats facing journalists in the European Union (EU) and its member states have increasingly caught global attention.
On the International Day to End Impunity for Crimes Against Journalists, recognised by the United Nations every year on November 2, the Committee to Protect Journalists published its annual Global Impunity Index. The report creates awareness of global prosecution rates for crimes against journalists. Despite facing increasing pressure, countries within the EU continue to be counted amongst the safest for journalists, according to Reporters Without Borders’ World Press Freedom Index.
However, the safety of the press within the EU remains under scrutiny. Over the years, there have been deadly attacks against journalists, such as Sokratis Giolias in Greece (2010), Daphne Caruana Galizia in Malta (2017), Ján Kuciak and his fiancée in Slovakia (2018), Peter R. de Vries in Netherlands and Giorgos Karaivaz in Greece (2021). These brutal acts serve as stark reminders of the threats faced by the press.
Besides targeted attacks, journalists further face intimidation in the form of legal measures. For instance, French journalist Ariane Lavrilleux was taken into custody by French anti-terrorism forces, seen as an intimidation tactic designed to reveal her sources. Additionally, the unfounded use of Strategic Litigation Against Public Participation (SLAPPs) is an increasing scare tactic across the EU, with an estimated 820 open cases today, according to the Coalition Against SLAPPs in Europe.
In response to this, the European Commission proposed the Anti-SLAPP Directive, also known as Daphne’s Law. This aims to expedite legal proceedings and provide financial protection to defendants in cases of abusive legal actions. The EU Parliament has already voted in favor of the proposal and it now awaits approval from the EU Council, which comprises of ministers from each member state.
In further efforts to protect the press, the European Commission has proposed the Media Freedom Act. This legislation grants protection to journalistic sources, forbids member states from interfering with media editorial policies, prohibits the use of spyware against media providers, and ensures disclosure of any possible conflict of interests.
The EU’s push to increase press freedom and safety stems from the need to preserve democracy and the free flow of information. Even though the Media Freedom Act and Anti-SLAPP Directive signify steps in the right direction, complete resolution of the issues plaguing the media sector would undoubtedly require time and constant effort.