In the first place, proposing to give governments the power to spy on journalists’ phones and computers puts journalists’ sources at risk of identification and provides a high deterrent for “whistleblowers”, threatening the fundamental confidentiality of journalists’ sources and fostering a climate of impunity out of the fear of speaking up and being surveilled.
Secondly, through this new provision, the Council strongly incentivizes the deployment of threatening spyware based solely on Member States’ discretion, despite the numerous recent high-profile scandals involving the use of malware, such as Pegasus and Predator, to subtly surveil journalists and politicians’ communications, suppress dissent and undermine democracy.