The Netherlands: De Correspondent Sues Prosecutor for Illegally Wire-Tapping its Journalists
The incident underscores the importance of continuous vigilance to protect press freedom, even in countries renowned for their commitment to journalistic principles
Location: The Netherlands, Voorden
Date: October 20, 2023Update: February 8, 2024
The Coalition For Women In Journalism and Women Press Freedom wholeheartedly supports De Correspondent for suing the Dutch Public Prosecution Service (PPS) for secretly wiretapping a confidential meeting between prominent journalists and suspects in a high-profile corruption scandal. The Coalition For Women In Journalism is appalled that in the Netherlands — a country long recognized for its unwavering commitment to journalistic freedom and equipped with a solid framework designed by authorities to shield reporters — such a grave infringement of press freedom rights has occurred. We urge officials to promptly investigate the matter and adopt necessary measures to guarantee that such infringements do not recur.
On February 7, De Correspondent announced it would sue the public prosecutor’s office for its covert surveillance operation capturing interviews conducted by three acclaimed journalists from De Correspondent, including Anne de Blok, Rosan Smits, and Rob Wijnberg. The surveillance took place in March 2022 at the historic Hackfort Castle in Vorden, Gelderland. The journalists were there to meet with the key figures embroiled in a major corruption case: Sywert van Lienden, Bernd Damme, and Camille van Gestel.
“We consider this a serious infringement on journalistic source protection,” says Wijnberg, editor-in-chief of the newsroom. “The Public Prosecutor's Office knew in advance that one or more journalists from The Correspondent would be present during this conversation.”
“We consider this a serious infringement on journalistic source protection”
Through the summons, The Correspondent seeks to clarify through the court the extent to which journalists are protected against targeted surveillance by the Public Prosecutor's Office and other investigative agencies. They also demand the destruction of all data obtained from the conversation, including the transcripts.
The Correspondent is supported in this lawsuit by the Democracy and Media Foundation and the Press Freedom Fund of the Dutch Association of Journalists, who are covering a large portion of the legal costs. A number of members also made small donations to support the legal expenses.
Covert Operation
According to the information provided by Bart Mos, a journalist with Financieele Dagblad, the wiretapping operation was extensive, resulting in a comprehensive 181-page report detailing the conversation.
This surveillance operation blatantly infringes the Netherlands' Source Protection Act, implemented in 2018, which safeguards journalists from surveillance tactics such as wiretapping. Before engaging in such covert actions, the Public Prosecution Service must obtain explicit permission from the examining magistrate, justifying that the surveillance is crucial for national interests. However, there is currently no evidence to suggest the magistrate granted such authorization.
Prominent media attorney Jens van den Brink expressed dismay: "Truth-finding is important, but a free press is more important. Sources must be able to talk freely with journalists. If this happened, it is unbelievable."
“Sources must be able to talk freely with journalists. If this happened, it is unbelievable”
Rob Wijnberg of De Correspondent conveyed his shock regarding the wiretapping, noting that the publication is consulting its legal team for appropriate responses. The Netherlands' journalist union, NVJ, echoed these sentiments, emphasizing the significance of the Source Protection Act in ensuring that journalists aren't viewed merely as tools of the justice system.
“It is crucial for journalists to be able to speak confidentially with sources, even if these sources are marked as suspects by the Public Prosecutor's Office,” says Wijnberg. “Source protection and confidentiality are fundamental (European) rights and basic conditions for press freedom in a democratic society.”
The backdrop to this scandal involves Sywert van Lienden, who, at the onset of the COVID-19 crisis, entered into a €100 million contract with the Dutch government to supply face masks. Despite initially claiming this endeavor was nonprofit, subsequent revelations indicated that a company he co-founded post-deal with Damme and van Gestel turned significant profits, with the Public Prosecution Service estimating earnings around €30 million.
The Coalition For Women in Journalism expresses deep concern over the incident. Despite the Netherlands’ historically strong position in global press freedom rankings, this incident serves as a poignant reminder that no nation, regardless of its reputation, is immune to potential overreaches. We strongly urged the Dutch authorities to launch a comprehensive investigation into the matter. It is paramount for the integrity of the press that this incident is not merely brushed under the rug. It raises questions that require immediate and transparent answers. We call for appropriate actions to be taken swiftly to ensure that such incidents do not tarnish the country's commitment to upholding the freedom of the press.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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