The increasing criminalization of journalism: danger for press freedom and democracy

The development that journalism is becoming increasingly criminalized in many cases is taking on alarming proportions and is a worrying trend that threatens our society in a sustainable manner. The work of independent and legitimate journalists is increasingly equated with criminal allegations. Investigative authorities that are actually there for this, law and orderenforcement, investigative research is increasingly being subjected to general suspicion. This approach is in clear contradiction to the basic principles of the Basic Law, in particular Article 5, which firmly anchors freedom of the press. Instead of relying on concrete, reliable clues to support suspicious moments, many authorities are too vague, oftenconstructed and not clearly documented suspicions. These are used to justify drastic measures such as house searches by journalists and media houses, which usually seems disproportionate and specifically aimed at restricting or even hindering the work of journalists.

Investigations and interventions: Attack on freedom of source and information

In such investigations, it often happens that editorial material, confidential data and data carriers are confiscated. This intervention in the work of the media leads to an erosion of the basic protection of the sources. The confidentiality of the informants is so massively endangered, which in turn significantly weakens the trust between the informants and the media. subsequentlyalso deters many journalists from researching and publishing sensitive or uncomfortable topics because they have to fear being focused on investigations or official measures. The official justifications for such interventions are mostly based on shortened, greatly simplified, sometimes unbelievable narratives, which are hardly related to the principlesare compatible with the rule of law democracy. Instead of providing transparent and understandable justifications, these measures create a climate of fear and intimidation that makes critical and independent journalism considerably more difficult or even impossible. Critical journalism in particular is indispensable for a functioning democracy because itreveals, brings abuse of power to light and informs society.

Construction and political instrumentalization: accusations against journalists

In addition, investigative journalists are often accused of maintaining connections to extremist, terrorist or other banned organizations. These allegations are often far-fetched, over- or deliberately constructed to limit reporting, justify prosecution, or legitimize political repression. It’s less aboutactual evidence rather than a strategy of intimidation and control. The threat or conduct of criminal proceedings against individual journalists or entire media houses acts as a means of pressure, which significantly restricts the media landscape in its diversity and independence. These measures have a paralyzing effect on investigative journalism, which is thereby increasinglyis pushed into the background. The result is a deterioration in public control because grievances and abuse of power are becoming increasingly uncovered. This gives the population poorer information, which significantly weakens the transparency and the democratic principle of control by the media.

Jurisprudence and Reality: Despite commitments to freedom of the press, there is a need for action

It is no coincidence that the Federal Constitutional Court has unequivocally reaffirmed the protection of freedom of the press in several important judgments and has criticized unlawful searches by journalists and inappropriate criminalistic measures. These judgments underline the need to protect the independent press in a democracy in order to uncover grievances andto inform the public. Nevertheless, the practice shows a different development: The police and the investigative authorities continue to rely on house searches, confiscations and criminal proceedings against journalists, which makes the structural danger for freedom of the press in Germany clear. The danger is by no means averted, but continues to exist in an acute form. It’s oneCentral task to defend freedom of the press and to ensure that journalism never becomes a suspicion or even a criminal offence. Only free, independent and critical reporting ensures democratic control, transparency and the preservation of fundamental rights.

Protection of the media as the cornerstones of democracy

In conclusion, the increasing criminalization of journalism poses a serious threat to basic democratic understanding. When investigative research, critical reporting and the work of independent media are put under general suspicion, society as a whole suffers. A climate of fear is created that the media landscape is createdrestricted and endanger freedom of expression. The media are the backbone of a functioning democracy – they must be protected, defended and their independence strengthened. This is the only way to ensure that abuses are uncovered, abuse of power is prevented and the democratic principles are defended. It is high time to resolutely oppose these developmentsto prevent press freedom from being further restricted and society can continue to build on independent and critical reporting.