By Leopoldo Maldonado and Quinn McKew
On 2 November, the Day to End Impunity for Crimes Against Journalists, the international community stands in solidarity with journalists around the world, who face daily threats to their lives and safety. Countering crimes against them is one of the great free expression challenges of our time.
More than a year since the international Pegasus Project exposed the scale of the use of spyware by governments globally, not enough is being done to stop illegal surveillance – and we’re all paying the price.
The phone of investigative journalist Richardo Raphael was first infected with Pegasus spyware back in 2016: at that time, he was reporting on the 2014 disappearance of 43 Mexican students. Raphael’s work contributed to exposing the collusion between Mexico’s police, authorities and local cartels – an all too common nexus.
Last July, Pegasus Project hit the headlines: journalists, activists and lawmakers have had their phones infected with spyware technology capable of taking full control of their devices. International outrage and condemnation followed. And yet, meaningful action at a global level is still desperately lacking.
Long before the Pegasus Project, the use of spyware has been documented in Mexico – the first country to purchase the technology. Its misuse was exposed back in 2017, under president Peña Nieto. When president Andres Manuel Lopez Obrador entered office in 2018, he declared the use of spyware to be a thing of the past, saying that the Mexican authorities ‘no longer have any relations’ with Pegasus.
We now know this was not true. As Ricardo Raphael continued his investigative work, he continued to be targeted; on at least three occasions in 2019, and in 2020, shortly after the release of his book Hijo de la Guerra, in which he discusses the ties between elite military officers and drug cartels.
The Mexican Army illegally spied on journalists and activists
ARTICLE 19’s investigation, conducted with R3D and SocialTIC and forensically verified by The Citizen Lab, revealed that Raphael, together with human rights defender Raymundo Ramos and a journalist at Animal Politico, have had their phones infected with Pegasus. Raymundo has been consistent in documenting and denouncing serious human rights violations committed by the military. At the time of the Pegasus infection he was publicly exposing an extrajudicial execution by them. The Animal Político journalist was also investigating such acts by the military at the time of the espionage.
We also obtained documents showing that, despite reassurances, the Mexican Army has signed contracts with Anstua, a company which operates on behalf of The NSO Group. Lopez Obrador has vehemently denied our claims but the truth cannot be denied.
The Mexican Army has illegally spied on journalists and activists.
Mexico already is one of the most dangerous places in the world to be a journalist: the number of those killed rivals only those of countries entrenched in violent civil conflicts. In 2022 alone, 18 journalists have been killed so far – 11 in connection with their job.
Killings, disappearances, and torture are all too common, but they are just the tip of the iceberg. Death threats, physical and online attacks, and arbitrary arrests are just part of a day’s work. Despite the introduction of a federal protection scheme for journalists in 2012, crimes against the press in Mexico remain unpunished in 98% of cases.
The inaction of authorities enables the hostile environment for media workers – and the actions of the current president further foster it. Lopez Obrador openly stigmatizes and criticizes journalists. His government not only targets the media and fails to protect it. Obrador’s actions potentially bias any investigations into violence against journalists and are understood as a license to attack.
Where such attacks are legitimized and impunity is widespread, it is little surprise that authorities and the military feel emboldened to spy on communicators. ARTICLE 19 Mexico and Central America worked with Ricardo Raphael, Raymundo Ramos and the Animal Politico’s journalist to launch a criminal complaint. However, we have little faith that the Attorney General will oversee a rigorous investigation. In a country where journalists are routinely smeared as ‘thugs, mercenaries, sellouts’ by their own president, there is little hope for accountability.
The Day to End Impunity: Opportunity for change
On 2 November, the Day to End Impunity for Crimes Against Journalists, the international community stands in solidarity with journalists around the world, who face daily threats to their lives and safety. Countering crimes against them is one of the great free expression challenges of our time.
Given the sophistication of spyware technology, we might never know the true scale of the global surveillance of journalists. But the impact couldn’t be clearer: authorities spying on independent media endangers the right to freedom of expression and access to information for all of us.
This is why we need a global moratorium on the sale and use of spyware technologies. A movement is already growing: from Apple and Meta suing The NSO Group to the US Department of Commerce forbidding the government from doing any business with the company. Now, the international community must take decisive, global action that sends a clear message – this threat to privacy and expression cannot be tolerated any longer.
We owe this to journalists around the world who everyday risk their safety to hold the power accountable.