On 9 July 2026, Media Defence filed a third-party intervention at the European Court of Human Rights in Drousiotis v Cyprus(Application no. 7256/25).
The applicant, Makarios Drousiotis, is a journalist and author whose investigations concern alleged corruption at the highest levels of government in Cyprus. He claims that the Cypriot authorities subjected him to secret surveillance by interfering with his electronic devices. He says this was done to deter his investigative work and to gain access to sensitive information about it.
The case provides the Court with an opportunity to set standards for state use of spyware against journalists. Media Defence makes submissions on four distinct points.
First, source confidentiality is a cornerstone of press freedom. Interference with it attracts particular scrutiny and can be justified only where strict substantive and procedural guarantees are met.
Second, spyware is qualitatively different from the interception of communications. It compromises the device itself, circumvents end-to-end encryption, and is designed to leave no trace. Any law authorising its use must therefore meet a materially higher standard of precision, foreseeability and independent oversight than the Court has required for conventional surveillance.
Third, covert surveillance has a severe chilling effect on investigative journalism. That effect does not depend on proof that any particular communication was intercepted.
Fourth, the evidentiary difficulties inherent in secret surveillance cases should inform how the Court approaches victim status, the burden of proof and the effectiveness of domestic remedies. Journalists cannot reasonably be required to provide conclusive proof of surveillance that is designed to be undetectable.
The written submissions can be found here.
The Statement of Facts is here.
For further information about the case, please contact Pádraig Hughes at Padraig.hughes@mediadefence.org.
