Despite overall improvements in the final version adopted today by the European Parliament, the EBU believes that effective protection for freedom of the media will largely depend on how EU Member States implement the Trade Secrets Directive.

EBU Head of European Affairs Nicola Frank said: “Previous drafts of this Directive were a source of serious concern for the future investigative journalism and freedom of information in the EU. In this final version, there are some notable improvements which reduce the legal uncertainty potentially faced by journalists when disclosing sensitive business information.”

She added: “This is however no cause for celebration either. If clear guarantees for journalists and whistleblowers are not enacted by EU Member States when they transpose the Directive into national law, the new law could be harmful for freedom of expression and information in Europe.”

The EBU has co-signed a press release about the adoption of the Directive alongside the European Federation of Journalists (EFJ), Reporters Without Borders (RWB), the European Magazine Media Association (EMMA) and the European Newspaper Publishers’ Association (ENPA).

These organizations have continuously expressed concerns about the serious implications the Trade Secrets Directive could have on freedom of the media and investigative journalism. They will be closely scrutinizing how the EU Member States enact clear guarantees for freedom of the media and safeguards for whistleblowers when transposing the new Directive.