Reluctant activists? The impact of legislative and structural attempts of surveillance on investigative journalism

Abstract

If we accept that surveillance by the State and ‘sousveillance’ by the media in Western democracies tend towards a relative equilibrium, or ‘equiveillance’ supported by the function of journalism as a watchdog and that the rule of law largely protects fundamental freedoms, this paper argues that the act of ‘mutual watching’ is undesired by the State and comes at a very high cost to journalists. The combination of technological capacity, legislative change and antidemocratic sentiments of the State, in the context of its willingness and ability to collect and process Big Data on an unprecedented scale, disrupt the preconditions for a strong democracy based on free media and free citizens. This paper examines the politics of investigative journalism under the conditions of dominance of the State by investigating the experiences of journalists with surveillance. Our interviews with 48 journalists show that journalists are acutely aware of surveillance and its noxious impact. Well beyond simple ‘watching’ these experiences are remarkably similar in non-Western and Western countries. Journalists are engaging increasingly with technological and other communities, as they aim to defend journalism and their lives. Their activism is operationalised in three areas: (a) in reluctant often-fraught cooperation with hacktivists, (b) in self-directed protection of communications and sources and (c) in not always willingly acting as dissenters vis-a-vis the State. This paper explores the extent to which journalists consider equilibrium to be distorted, and how they are countering any slide into subdued democracy.

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