The EU regulations regulating procedures for using spy software to monitor journalists are unacceptable

Statement by AKEL MP Aristos Damianou and Chairman of the Parliamentary Internal Affairs Committee

11 January 2024, AKEL C.C. Press Office, Nicosia

As we all know, over the past two years the Republic of Cyprus, as well as Greece, have been, unfortunately not without reason, the target of discussions surrounding the production, circulation and distribution of illegal spy software. The issue has been widely discussed in public opinion. And, of course, it has also concerned the European Union and the European Parliament.

One would therefore expect that, as a result of these illegal activities, the European Parliament and, above all, the European Commission and the European Council, would become more aware of and act towards the prohibition of the use of spyware, which has been proven to violate the privacy and communication of citizens. And, of course, they also interfere in political processes, in reality to detriment of Democracy and the principles of a state governed by the rule of law.

Instead, in the context of the discussion of the European Regulation on Freedom of the Media in Europe, a Regulation which is under discussion and which regulates a number of issues concerning the media, a provision was introduced, unfortunately with the agreement of the Republic of Cyprus too, which initially permits the monitoring of journalists with such illegal software.

Since last December, we as AKEL have taken a clear position and have stated that journalist freedoms are political freedoms, they are human rights and therefore inviolable. Today, precisely on the occasion of this negative development, we have discussed this particular provision. And I regret to say that our initial complaints have been confirmed, and possibly in a worse way than was originally recorded in the original draft.

More specifically, the final text, which the Republic of Cyprus has wrongly and unacceptably agreed to, includes provisions which say, among other things, I read from the text: “in the form of a derogation, Member States of the European Union may use spying, surveillance means and equipment, provided that such use is in accordance with the provisions of the conditions set out above”.

So we note firstly that the Republic of Cyprus, at a time when we are exposed worldwide for the production and export of illegal software, has agreed to legalize such software. Secondly, it has agreed that such spy software, in violation of every principle and concept of law, natural and formal justice, is used under certain conditions against the journalism and journalists.

One understands that in 2024, we must move forward and not go backwards. The fact that modern technologies are being used instead of serving information, to monitor information providers, such as journalists, is unacceptable.

We have also said in the Parliamentary Internal Affairs Committee and to the relevant Ministries that democracy is exposed and that the relevant Ministries have made a huge political mistake. Here I want to say, to be fair, that this particular handling goes back to both the current and the previous government. The debate [on the issue] began in 2022. The climax was last November and December. And the final mark was made by the current administration. So there is a co-responsibility here.

We are not focusing everything on the political responsibility, which is given, but on the fact that it is the responsibility of our own governments and Ministries processes and procedures are underway that violate human rights – whatever the motive in this process – at the expense of journalism and journalists.

Of course, the matter does not end here. As soon as serious questions of legality and constitutionality arise, we will continue to examine the issue, precisely to see how we can protect our citizens and journalists in the process, bearing in mind that European Union regulations take precedence over national law, are directly applicable and directly enforceable.

For that reason, there will be a follow-up in a way that I will plan with my colleagues in the Internal Affairs Committee, with whom I must say that we have unanimously registered this particular issue for debate.

11.01.2024