Journalists Face Growing Number of Sophisticated Legal Threats

In 2024, Media Defence, a London-based NGO providing legal help to journalists, citizen journalists and independent media, supported a record number of new cases . While the CEOs of most law firms would be thrilled to report rising demand, for Carlos Gaio, this ‘success’ is bittersweet. It reflects the troubling increase in lawsuits and harassment against independent journalists, but also highlights the NGO’s solid reputation and growing visibility. “We’re the only organisation in the world solely focused on providing this crucial legal help to journalists.”

One goal of Media Defence’s Limelight grant for 2022 to 2024 was to ensure that European independent journalists and news outlets have access to legal support and can continue to work, with an expected total of 20 cases in Europe.

That proved to be a significant underestimate. “In 2022, we supported a then-record 188 new applications around the world, last year we took on 176, and in 2024 we’re heading for an unprecedented 240,” said Carlos when we spoke to him in November 2024. “Around 30% of those came from European news outlets and journalists. Mostly Eastern Europe, but we’re also seeing more requestsfrom countries like France and the Netherlands.”

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Digital Rights, Environmental Journalism, and Arbitrary Detention Cases

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It’s clear to Carlos that legal threats to journalists are becoming more numerous and more sophisticated. In 2024, Media Defence dealt with an important set of complaints relating to arbitrary detention, as well as a growing number of environmental and digital rights cases.

“We filed over 20 applications to the European Court of Human Rights (ECtHR) related to Pegasus spyware being used against journalists, and intervened in an internet shutdown case in Kazakhstan,” said Carlos. “Meanwhile, there are people investigating environmental abuses who are basically human rights defenders threatening very powerful interests. Among others, Media Defence is supporting the case regarding the British journalist Dom Phillips and his Brazilian expert partner Bruno Pereira who were shot dead in the Amazon in 2022.”

In Western Europe, Media Defence is used to dealing with SLAPPs against journalists, but new tactics are also being used. “In one particularly serious situation, an investigative journalist was detained for a prolonged period, which is unheard of in the region. We also saw a company use a commercial court to try and establish the source of a leak. That’s significant because commercial courts don’t necessarily know or think about the human rights or freedom of expression aspects of a complaint.”

Media Defence is often a third party in what it categorises as strategic litigation, i.e., cases it deems important to develop standards that apply more broadly. “We have a solid reputation at the ECtHR, so it’s incumbent on us to make sure that they have our views and that we insist on acceptable standards.” It has intervened in a few applications to the court for the ‘right to be forgotten’, insisting on an interpretation that was more protective of the right to freedom of expression.

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Harassment of Journalists and Their Lawyers

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In Europe and Latin America, journalists are experiencing higher levels of harassment from governments that initiate tax audits, accuse them of fraud, or subject them to investigation under foreign agent laws. A relatively new development is that lawyers representing journalists or independent media are increasingly subject to intimidation.

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"Several lawyers working on cases we funded have been harassed or detained"

“Several lawyers working on cases we funded have been harassed or detained, and in some countries they face bogus charges and arbitrary imprisonment, or have to go into exile to avoid them. With hounding of lawyers on the rise, we’re planning to set up a specific fund to get them out of harm’s way if necessary.”

In 2024 Media Defence collaborated with the American Bar Association and Thompson Reuters Foundation on a publication entitled ‘Defending the defenders: legal threats against lawyers protecting journalists’. It presents preliminary findings from ongoing research into why and how lawyers working to defend human rights and represent journalists are targeted.

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The Benefits of Funding are More Than Transactional

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To return to the opening analogy: a mainstream legal firm would see revenues soar on the back of a jump in demand. That is not a given for a non-profit NGO reliant on grants and donations. It’s often a case of swings and roundabouts. Carlos: "Fortunately we were approached proactively by new donors in 2024 and had a few positive outcomes, but other donors have shut down programmes. To some extent, that reflects the shift to the right in politics, with the national governments terminating development aid funding.”

The adoption of foreign agent laws by certain countries is a dark cloud on the funding horizon. “Funders are already moving out of Kyrgyzstan because of the new foreign agent law. And while the need for support is growing in Turkey, local non-profits are holding their breath as similar legislation awaits its passage through parliament.”

Given the pressing demand for its work, the organisation is looking at ways to boost income by reaching out to new donors and securing more programme funding. “Around 60% of our income comes through multi-year grants. They’re the ideal type of funding because they make such a difference in how we organise our work, enabling long-term planning to build lasting impact. Without it, we’d have to reduce our caseload as we only have a staff of 20.”

For Carlos, the benefits of funding are not just transactional. “There’s an element of solidarity as well, and it’s a validation of your organisation’s work to receive funding from well-regarded foundations.” It also helps build trust, with Limelight and other donors acting as conduits for referrals from journalists in need. “That’s probably the best way to help someone – they talk to us more openly because they trust the recommendation, which means we’re better able to support them.”

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Ecosystem of Local Defence Centres

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Media Defence is a grantor in its own right, with an ecosystem of defence centres around the world. It funds 20 organisations that provide legal services to journalists at a local level, including seven in Europe: in Italy, Poland, Hungary, Ukraine, Turkey, and Russia (the latter working in exile). It also offers other forms of practical support, such as fundraising advice in countries where circumstances are particularly difficult, like Ukraine and Kyrgyzstan.

“This funding and practical support enable our partners to help journalists quickly and with the benefit of their on-the-ground expertise. If local lawyers have exhausted domestic remedies and need support to take cases to the ECtHR, or they ask us to intervene in their application when it’s reached the court, we’re happy to do that.”

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Media Defence also offers three-day workshops for groups of 12 to 15 lawyers from different countries.“We prefer to call these sessions ‘litigation surgeries’ to emphasise that we’re not teaching the participants, we’re learning with them and exchanging views. The conversations continue afterwards in Signal or WhatsApp groups, and people create new networks for collaboration. From next year, we’ll be running surgeries in every region we operate because we’re keen to reach more people.”

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The Resource Hub that serves as the basis for the surgeries and provides information around freedom of expression and digital rights to a wider group of lawyers is being updated and expanded. “We’re focusing on tailoring resources to our audience and ensuring that all content is up to date. We continuously do outreach at conferences and events. And we’re translating our website into five languages.”

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Additional Roles and Tools in 2025

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“We’re recruiting a new grants officer because the recent surge in demand meant it was very difficult for the team dealing with our grants to function. In terms of capacity, we’re implementing a digital transformation to help us manage our work better. And we’ll be implementing a new five-year strategy that includes the goal of attracting more multi-year funding.

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"We’re seeing much more collaboration among journalists and lawyers"

There are also plans to recruit an additional legal officer to fill a gap in its work: to ensure that judgments obtained are actually implemented. For instance, even if a court decides there is a need to train police officers on how to deal with gender-based violence against journalists, the respective government can’t be relied on to voluntarily implement the necessary measures. In the future, the organisation wants to ensure follow-up with the courts and governments in question.

“It’s clear that the world is becoming more closed, with more barriers to journalism,” concluded Carlos. “The rise in lawsuits and use of (legal) threats against journalists and lawyers will worsen in the next five years or so. The adoption of foreign agent laws could spread, too. On the bright side, I’m proud of us being able to intervene in an increasing number of cases. And we’re seeing much more collaboration among journalists and lawyers. Above all, we’re still able to get positive or progressive decisions from a number of key jurisdictions.”

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