Status: 01/26/2023 1:37 p.m
Are journalists sufficiently protected under the current law of the Federal Intelligence Service on wiretapping practices? Two organizations disagree – and have filed a constitutional complaint. For the second time.
The journalists’ organization “Reporters Without Borders” (RSF) and the “Society for Freedom Rights” (GFF) have again submitted a constitutional complaint against a BND law to the Federal Constitutional Court in Karlsruhe. The Federal Intelligence Service (BND) is Germany’s foreign intelligence service.
Journalists not adequately protected from surveillance
The allegation of the two organizations: Journalists are still not sufficiently protected from surveillance by the Federal Intelligence Service – especially when it comes to confidential communication with their sources, it said in a joint statement. The BND can therefore continue to process data on who communicated with whom and when.
Research results not clearly taboo
Also, journalistic research results are not clearly taboo for the BND. It is also criticized that according to the BND law, German media professionals enjoy greater protection against spying than their colleagues from the EU and non-EU countries. These are simpler surveillance targets for the BND.
The total of 20 complainants therefore also come from abroad. Among them are human rights activists – but also journalists like Can Dündar from Turkey, Peter Verlinden from Belgium and the Swedish-Eritrean journalist Meron Estefanos. Estefanos, who does a lot of research on refugee routes to Europe and human trafficking, reported that when she called sources, she was often contacted by security authorities shortly afterwards.
BND law already declared in violation of fundamental rights in 2020
After an initial complaint from both organizations, in May 2020 the Federal Constitutional Court declared large parts of the BND’s foreign surveillance to be contrary to fundamental rights. The organizations criticize that the BND law that was subsequently reformed does not meet the requirements from Karlsruhe. The BND is now allowed to use so-called state Trojans for spying without significant restrictions. In addition, the legislature has included new unconstitutional regulations in the law, according to the joint statement from both organizations.
RSF lawsuit in Leipzig recently dismissed
Only on Wednesday did the Federal Administrative Court in Leipzig dismiss another lawsuit by “Reporters Without Borders” about such state trojans and the possible surveillance of the association with them.
However, the Federal Administrative Court declared the action inadmissible. There is no indication that the club is affected. RSF also announced a constitutional complaint.
(AZ: BVerwG 6 A 1.22)