The rising criminalisation of journalism calls for stronger legal protections and robust criminal justice policies

RSF has identified several policies to combat the criminalisation of journalism highlighted by the 2026 RSF World Press Freedom Index. Democratic states must now:

1. Ensure effective criminal prosecutions under national law
2. Apply individual sanctions against those who persecute journalists
3. Take into account court decisions from strategic litigation to substantiate press freedom and the right to information

This undertaking begins with the fight against abusive lawsuits known as SLAPPs (strategic litigation against public participation), which aim to financially and psychologically exhaust journalists. The methods of preventing these proceedings are known and recommended by institutions such as the Council of Europe. They include:

• The adoption of legislation applicable to abusive legal proceedings, including in criminal matters (for example, abusive defamation complaints)
• Mechanisms to swiftly dismiss complaints that could be classified as abusive
• Sanctions against the perpetrators of these unwarranted proceedings

Another priority is strengthening national protection mechanisms. They often lack independence, an adequate budget and investigative powers, and are poorly coordinated with the judiciary, making it difficult for them to respond to attacks against journalists and their rights, particularly when the attacks are systematic, as RSF has observed in Central America. These mechanisms must be reinforced by:

• Guaranteeing their statutory, financial and operational independence
• Granting them investigative powers, the authority to impose administrative sanctions, and the power to refer cases to the judicial authorities
• Requiring them to report annually on their activities to parliament

When it comes to criminal justice, the stakes are just as high: nearly 90% of crimes committed against journalists go unpunished. This situation reflects both a lack of political will and the absence of dedicated criminal justice strategies, even in democratic states.

Criminal justice policies must therefore be adopted to:

• Prioritise the prosecution of perpetrators of crimes against journalists
• Provide specialised training for magistrates, as recommended by UNESCO in itsGuidelines for Prosecutors on Crimes against Journalists
• Enhance international judicial cooperation to investigate and prosecute the perpetrators of crimes against journalists

Certain initiatives demonstrate that change is possible, including:

• The 127 (as of February 2026) preliminary investigations opened by the Ukrainian judiciary into the international crimes targeting journalists in Ukraine that have taken place since February 2022
• The recent classification by the French judiciary and the International Criminal Court (ICC) of crimes committed against journalists in Syria and Belarus as the crime against humanity of persecution - recognising the persecution of journalists for their work within the scope of this crime
• The fact that, in April 2026, the "Genocide Network" - a network of prosecutors from 34 states within the framework of Eurojust, the European Union Agency for Criminal Justice Cooperation - drew attention for the first time to international crimes committed against journalists