“Controversy surrounds the discovery of Pegasus spyware on a journalist’s phone in the Dominican Republic”

Amnesty International’s recent investigation revealed that Nuria Piera, a high-profile woman journalist in the Dominican Republic, was targeted with NSO Group’s Pegasus spyware. This is the first confirmed case of its kind in the country. The use of spyware to silence and intimidate journalists is now a global concern, with 18 countries where it has been confirmed forensically that journalists were targeted with spyware.

Unlawful targeted surveillance violates the right to privacy and human rights such as freedom of expression, association, and peaceful assembly. This violates Inter-American and international law and standards that require any state interference of the right to privacy should be lawful, necessary, proportionate, and serve a legitimate aim. Targeting journalists or other human rights defenders because of their work is never in accordance with international human rights law.

Nuria Piera’s case is concerning, and the authorities must take immediate action to investigate the case and provide effective safeguards to protect journalists and prevent this from happening again. Still, the lack of transparency and accountability around the use of surveillance and spyware makes it difficult for victims to obtain information.

The Dominican Republic has no clear avenues for adequate remedies in the event of unlawful targeted surveillance. Habeas data, a constitutional avenue for data and privacy protection available in the country, and the criminal remedy available under Law 53-07 on Crimes of High Technology (Ley 53-07 sobre Crímenes y Delitos de Alta Tecnología), can only be used when one knows who is surveilling them, which is not always possible without being granted access to information or without the necessary technical skills. It is often virtually impossible for targets to even prove the existence of surveillance, either because of technical hurdles or the covert nature of its use.

The use of spyware to target journalists and human rights defenders instills fear and has a chilling effect on their ability to work without undue interference. As surveillance of one person can also expose the personal information of people in their network, it can also lead to concerns over the wellbeing of their colleagues, friends, relatives, and even their sources. In this sense, unlawful surveillance can also have an impact on the right to health of those targeted and those around them.

The Dominican Republic, like other countries, has a responsibility to protect the right to privacy and freedom of the press. As the country begins a legal reform of the National Intelligence System, it must embrace this as an opportunity to implement a right-respecting regulatory framework. Until such a framework is implemented, a global moratorium on the purchase, sale, transfer, and use of spyware must be enforced. Amnesty International calls on all states to urgently adopt a global moratorium on spyware to prevent gross violations of human rights and protect journalists and human rights defenders.

The targeted surveillance of journalists has become a global crisis, not only compromising privacy but also endangering the personal safety of journalists and those around them. In conclusion, the Dominican Republic and all states must recognize the grave human rights implications of the abuse of spyware and take the necessary measures to end it.

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