I spy with my cyber eye

The surveillance of journalists


Are journalists becoming a threatened species?

Is this why so many organizations are keen to keep tabs on them? Indeed, it is a threatened species, but not in the way we usually use the phrase.

Draft legislation by the European Union wants to allow national security agencies to spy on journalists. The legislation, "The European Media Freedom Act," would permit them to install spyware on journalist's phones if necessary for national security.

The original document had written in solid safeguards against the use of spyware against journalists and the media. The leaders of the Council of Europe now want to provide a general exception against surveillance. The act was first proposed in 2022, and they are about to take a decisive vote on it.

Law enforcement agencies in India are targeting anti-establishment journalists and news publications. Their latest raid was on Newsclick. In, which runs a satirical website. This caused substantial shock waves for Indian news outlets, calling it a severe attack on media freedom. The raid was carried out under the Unlawful Activities Prevention Act (UAPA), a particularly oppressive act and has been compared to McCarthyism (A definition from the American Heritage Dictionary describes this as "the use of methods of investigation and accusation regarded as unfair, to suppress opposition")

Journalists are investigating government and high-level corruption and possible abuse of power. This can lead to online and offline attacks on journalists, but even worse is silencing journalists by killing them. The United Nations Educational, Scientific and Cultural Organisation (UNESCO) has a database recording that 455 journalists were killed while doing their jobs between 2016 and 2021. In 80% of the cases, the killers have not been brought to justice.

The most notorious software to be used is Pegasus, which the Israeli surveillance firm NSW Group developed. This was initially marketed to governments to enable security forces to fight crime. It is now being used to target journalists and other high-profile individuals. Other spyware companies include Hacking Team, FinFisher, and Cyberbit Solutions. Once the spyware is on the device, it can access passwords, emails, geolocation data, and encrypted communications. It is usually installed by trickery, using a fake link or attachment. Pegasus can be installed remotely by simply calling the target device.

Following a leak in 2016, 180 journalists in 21 countries were found to be infected with the Pegasus software. This can have an enormous impact on the work of investigative journalists and the protection of their sources. In extreme cases, sources have refused to cooperate, which could impact a crucial public interest investigation. Journalists can also be tracked by their devices.

All spyware technology must comply with international human rights; the most important one for journalists is the Right To Freedom of expression. They should be free to publish their material without the threat of violence, imprisonment, or death. By targeting journalists, it can create fear and even silence.

It may be a coincidence, but the rise of spyware and journalists being targeted corresponds to an increase in authoritarian governments, where the leaders feel the need to control the narratives. If national interests are being threatened, then surveillance can be authorized, but only through the auspices of the law and a court order. And if transparency is to be demonstrated, the journalists to be spied on should be informed of that fact. This could pose a dilemma if the journalist himself/herself is being investigated.

From the journalist's point of view, they need to be aware of what information they store on their phones and use end-to-end encryption for all messages. Some journalists have used coded conversations when contacting sensitive sources. They should disable their location service and use strong passwords that are changed frequently. In very sensitive investigations, burner phones are another option. If society is to thrive and prosper,a free, open, and healthy press is essential for society to thrive and prosper. No government should fear a free press and should welcome criticism. Government clampdowns, especially authoritarian regimes, demonstrate an insecurity in their hold on power, and only by allowing out positive information can they retain their grip on this power. Journalists must be allowed to question our political masters and investigate any suspicious wrongdoing without fear of reprisals.

Social media has come in for much criticism as the cause of many of today's woes. It has, however, given rise to the concept of citizen journalists. Modern smartphones have cameras and microphones built into them so that reportage can be made on the spot. Many videos posted on X (formerly Twitter) would never have made the mainstream media, leaving the public unaware of events that may affect their lives. This may help preserve journalism as a free and open function of society. Media journalists can then follow up individual leads.

Preservation of a free and open press is essential

"There can be no higher law in journalism than to tell the truth and to shame the devil." ~ Walter Lippmann