OSCE Media Freedom Representative warns of harmful impact of digital surveillance technology on media freedom, urges against use on journalists
VIENNA, 7 September 2023 – Teresa Ribeiro, the OSCE Representative on Freedom of the Media, issued a communiqué today on the use of digital surveillance technology on journalists. The document underscores the significant negative impact such technology can have on media freedom within the OSCE region.
The escalating use of digital surveillance technology, including on journalists, raises alarming questions about privacy breaches, the confidentiality of journalistic sources and its overall potential to stifle media freedom. By monitoring journalists’ communication and gathering confidential and sensitive information, those employing digital surveillance technology severely impede the ability of the media to function safely. This poses a substantial threat to media freedom, democratic societies, and overall security.
“While state authorities have the unquestionable right, and even obligation, to safeguard public security, it is imperative that the use of digital surveillance technology on journalists be exercised with utmost caution. For secure and democratic societies, journalists and other media professionals must be able to operate without constraints, interference, or fear for their safety,” the Representative stated. “I therefore urge the OSCE participating States to abstain from using digital surveillance technology on journalists, unless there exists a clear and immediate threat to public security.”
In such cases, the use of this technology on journalists must adhere to stringent criteria, be deemed necessary within a democratic society and proportional to achieving the legitimate aim, the communiqué states. “However, there are also certain forms of surveillance technology that are so extremely invasive and pervasive that it is difficult to envision their use on journalists to be compatible with the principles of freedom of expression and media freedom that we have established within the OSCE region,” Ms Ribeiro added.
The Representative concluded that the implementation of stringent measures is vital. This includes mandating effective and binding prior authorization of any surveillance on a journalist granted by an independent authority under judicial control. Additionally, such surveillance must be limited in duration and scope, applicable only to the most severe offenses. Utilizing digital surveillance technology should be carefully justified and integrated into a robust rule-of-law framework, accompanied by a meaningful redress mechanism.
See the Communiqué on the Use of Digital Surveillance Technology on Journalists here: https://www.osce.org/files/f/documents/9/4/551605.pdf
The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom