On 24 April, the EBU published its response to the European Commission’s public consultation on the evaluation of the Directive on the protection of persons who report breaches of Union law. In our contribution, we emphasize the need for stronger protections for whistleblowers who directly disclose information to the media.

 Public service media play an essential democratic role by informing citizens and holding power to account. Their investigative journalism work often depends on the courage of whistleblowers to provide information that uncovers wrongdoing, exposes corruption and abuses of power, often at great personal risk, facing retaliation or sanctions. The comprehensive protection of whistleblowers when they disclose information directly to the media is a key element for the work of independent media and is complementary to the protection of journalistic sources foreseen in the European Media Freedom Act (EMFA).

However, the current Whistleblower Protection Directive falls short in offering comprehensive protections for individuals who bypass formal channels and disclose matters of public interest directly to the media. The restrictive conditions in the Directive, such as requirements to exhaust internal reporting channels or to prove imminent public danger, create legal uncertainty and discourage whistleblowers from coming forward, creating a broader chilling effect that undermines the media’s ability to conduct investigative journalism and exposing urgent matters of public interest to citizens. Moreover, since these protections are tied to varying national laws, individuals who reveal wrongdoing in countries with weaker freedom of expression legislation or insufficient whistleblower protection frameworks risk being left unprotected and vulnerable.

Independent media, bound by rigorous editorial standards and legal accountability, should serve as safe havens for whistleblowers. Protecting disclosures to the media reinforces journalism’s watchdog role, freedom of expression, strengthens democratic accountability and ensures vital information reaches society in a reliable and impactful way.

We also highlight in our contribution that the Directive would benefit from alignment with the EMFA on the definition of media, providing greater legal certainty and coherence within the EU framework, while also emphasizing the defining characteristic of media organizations central to whistleblower protections: their editorial responsibility. Also, that any effort to enhance whistleblower protection, must ensure that, in alignment with the EMFA, public service media are exempted from access to information laws.