Communication with Eco-activism Advocates via Telephone - Legal challenges filed by journalists over unauthorized surveillance
Various entities, together with impacted individuals, have lodged constitutional challenges against the monitoring of telephone conversations between journalists and the environmental group "Last Generation". The trio of organizations - the Bavarian Journalists' Association (BJV), Reporters Without Borders (RSF), and the Society for Civil Liberties (GFF) - are acting as counsel for several impacted journalists. These grievances were submitted to the Federal Constitutional Court on a recent Friday.
These constitutional challenges stem from a verdict by the Munich Regional Court. This court, following in the footsteps of the Munich Local Court, had ruled that the controversial surveillance activity by Bavarian investigators, suspected of forming a criminal organization against "Last Generation" members, was legitimate.
"Threat to democracy"
From the perspective of these associations, the verdicts failed to adequately account for press freedoms: Judges should assess the potential infringement on press freedoms prior to sanctioning such surveillance operations - yet no such assessment was conducted. If journalists are subjected to surveillance, it negatively impacts journalism and, ultimately, democracy, asserted BJV chairman, Harald Stocker.
According to an official from the Munich Public Prosecutor's Office, 171 individuals who identified themselves as journalists during phone calls were impacted by the surveillance operation during the investigation. Upon discovery, these individuals were apprised of the action by the relevant authority. There was no examination conducted to verify whether all of them were actual journalists.
Organizations: 171 impacted individuals are not lone exceptions
The Munich Regional Court, in its decision, noted amongst other things, that the surveillance activity of the investigators was not specifically targeted at media representatives. Additionally, the monitored line, designated as a press contact by "Last Generation", was not exclusively used for communications with journalists. The associations rebutted this argument by highlighting that not only individual journalists were monitored - but 171. With this high number, the investigators should have critically scrutinized their actions much sooner, they argued.
The investigations against "Last Generation" members continue to be underway.
The European Parliament, expressing concern over the impact on press freedoms, has called for an investigation into the monitoring of telephone conversations between journalists and "Last Generation". The calls for accountability from the European Parliament add weight to the ongoing criticism of the verdicts by German courts.
