Influence of frames on the Wiv referendum
Framing of the new Dutch Intelligence and Security Services Act
through the media
Master Thesis Name: Renske Gazenbeek
Student ID: 1246313
Master: Crisis and Security Management Supervisor: Prof.dr. P.H.A.M. Abels Second reader: Mr.drs. W.J.M. Aerdts
Abstract
In 2017, the Electoral Council received 384.126 valid requests for a referendum about the new Dutch Intelligence and Security Services Act. This referendum was held on 21 March 2018. In the run-up to the referendum, media reported about this act and reflected arguments of both the opponents and the proponents of the act. In this qualitative research, the framing theory of Entman (1993) is used to identify the frames that are used in different media sources and the impact of these frames on the referendum. The research points out that the Dutch intelligence and security services have previously experienced negative imaging.
Furthermore, the results of this research show that there is a correlation between the dominant frames and the outcome of the referendum. A small majority of the voters voted against the new act. This outcome corresponds with the dominant frames in the media, which emphasize the impact on privacy and the extension of services’ power that is often labelled with the term ‘sleep [drag]’, and the effects of framing on a referendum.
Table of Contents
Chapters Page number
1. Introduction 1
2. Theoretical framework 5
3. Methodology 11
4. The Dutch intelligence and security services 15
5. The new Intelligence and Security Services Act 18
6. Frames in the media 27
6.1 Newspapers 27 6.1.1 Algemeen Dagblad 27 6.1.1.1 Indicators 27 6.1.1.2 Frames 29 6.1.1.3 Conclusion 32 6.1.2 Telegraaf 32 6.1.2.1 Indicators 33 6.1.2.2 Frames 35 6.1.2.3 Conclusion 38 6.1.3 NRC Handelsblad 39 6.1.3.1 Indicators 39 6.1.3.2 Frames 41 6.1.3.3 Conclusion 46 6.1.4 Trouw 46 6.1.4.1 Indicators 47 6.1.4.2 Frames 48 6.1.4.3 Conclusion 51 6.1.5 Volkskrant 52 6.1.5.1 Indicators 52 6.1.5.2 Frames 53 6.1.5.3 Conclusion 56
6.2 Television broadcasts 56
6.2.1 Zondag met Lubach 56
6.2.1.1 Indicators 56 6.2.1.2 Frames 57 6.2.2 College Tour 58 6.2.2.1 Indicators 58 6.2.2.2 Frames 59 6.2.3 Conclusion 60 6.3 Websites 60 6.3.1 Indicators 60 6.3.2 Frames 61 6.3.3 Conclusion 63
6.4 Overall conclusion of the frames in the media 63
7. Conclusion 66
Bibliography 73
1
1. Introduction
We are currently living in a society which is focused on eliminating threats and securing the citizens. On the other hand, countries are governed by laws to make sure justice is served and civil liberties are respected. International agreements as the European Convention on Human Rights impose binding obligations for states to protect the human rights of the citizens of the countries which signed the agreement. Governments are constantly juggling to find the right balance between justice and security. In order to serve and protect national security1, the Netherlands has two combined intelligence and security services: the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD). The AIVD is part of the Ministry of the Interior (Wiv 2002, § 1, article 1(c)(1) and Wiv 2002, § 1, article 2), while the MIVD is part of the Ministry of Defence (Wiv 2002, § 1, article 1(c)(2) and Wiv 2002, § 1, article 2). One of the tasks of these services is to conduct investigations into people and/or organizations whom give serious suspicion that they pose a danger to national security, the democratic rule of law or other important national interests (Wiv 2002, § 2.2, article 6(2)(a)). In order to perform this task, the services are allowed to collect (personal) data. These data are collected by consulting various sources and exercising different (sometimes special) powers. While the Dutch intelligence and security services are able to gather data and conduct investigations, it is important to differentiate between an intelligence/security service and a criminal investigation service. These two terms are not interchangeable. The aim of the AIVD and the MIVD is not to detect suspects (Ellian, 2010: 122). Therefore, these services have neither investigative powers nor executive powers. Because their findings are not part of a criminal investigation, the findings can only be used as a starting point for a criminal investigation (Ellian, 2010: 125).
After the attacks of 9/11 in the United States, it became clear that terrorism was an upcoming threat for the Western world (Ellian, 2010: 139-140). The increase of terrorist attacks in Europe the last years have put governments in a difficult position. After the attacks in Madrid in 2004,
1 There is no concise, common agreed definition of national security. However, the AIVD describes it
as: “Het omvat alle waarden, regels, wetten die wij in ons land van belang vinden [It includes all values, rules, laws which we identify as important in our country]”
(https://www.aivd.nl/onderwerpen/het-werk-van-de-aivd/vraag-en-antwoord/wat-is-nationale-veiligheid).
2 the Dutch government tried to adjust the legal act which regulates the AIVD and the MIVD, but failed to do so. The purpose of the then proposed adjustment of this act, ‘Wet op de inlichtingen- en veiligheidsdiensten 2002’, was to implement more powers for the services to investigate potential terrorist threats (Muller & Voermans, 2017: 102). One of the critical changes was captured in article 29b of this proposal. According to this article, public and private organizations were obliged to transmit data when requested by the services.2 This attempt failed, because of the concerns of the Dutch Senate. After an evaluation of the act 7 years later, the commission Dessens concluded that there was the need to find a new balance between effective performances of the powers of the services on the one hand and securing the rule of law on the other hand (Rijksoverheid, 2013). In October 2016, another proposal to amend this law was submitted. The goal of this new act is, as explained in the memorandum, the modernization of the current act.3 The act is currently focused on tapping, receiving, recording and monitoring cable-bound and non-cable-bound telecommunication in a directed way (Wiv 2002, § 3.2.2, article 25). The non-specific tapping of cable-bound telecommunication is not permitted. Because of the increase of technological developments, the result of this restriction is that a large part of telecommunication cannot be used as a means by the intelligence services4.
One of the crucial elements of this proposed new act is thus the possibility to tap non-specific cable-bound telecommunication (Wiv 2017, § 3.2.5.6.3, article 48-50).
The explanatory memorandum of the proposed law explains that the services inevitably infringe some civil rights, for example the right to privacy, by exercising their powers.5 Nevertheless,
these infringements can be justified by law. According to Frissen (2016), the secrecy of the civilian (or in other words the privacy of a civilian) is not an absolute right. In case of a threat to the freedom of the civilian(s) or society, this right may be infringed (Frissen, 2016: 19).
In order to guarantee safety and security, the services play an important role. However, the prospect of the increase of power for the authorities to collect personal data of citizens has resulted in a national debate about privacy. Although citizens (among others some students from Amsterdam) agree with the purpose of the act – the prevention of terrorism and other threats to national security – the proposal has led to a request for a referendum about this act.
2 Parliamentary Papers II, 30 553, no. 2, 2006. 3 Parliamentary Papers II, 34 588, no. 3, 2016, p. 4. 4 Parliamentary Papers II, 34 588, no. 3, 2016, p. 8. 5 Parliamentary Papers II, 34 588, no. 3, 2016, p. 5-6.
3 Dutch law provides the opportunity to request for a referendum on a newly adopted act or treaty. A non-binding advisory referendum is held when there is a sufficient number of requests for a referendum: at least 10.000 requests in the preliminary stage and at least 300.000 requests in the final stage are needed (“Kiesraad”, n.d.). In the case of the Wiv, the Electoral Council received 384.126 valid requests for a referendum (“Kiesraad”, 2017a). Five students were mostly responsible for advocating and collecting requests for this referendum (Voskuil, 2017). Because of this referendum, the new act received many media attention. Opponents and proponents expressed their opinions in the media about the prospect of the new law. By doing so, multiple frames about the act appeared in the media. A theory which can be used to explain certain frames is the framing theory of Entman (1993). This theory offers the opportunity to describe the ability for a text to communicate through certain frames.
Research question
The following research question will examine which frames were used by the media:
How does the framing theory explain the influence of the Dutch media coverage from September 2017 until March 2018 concerning the new act ‘Wet op de inlichtingen- en veiligheidsdiensten’ (Wiv) on the referendum on this act?
The thesis will further be divided in four sub-questions which will all address a specific part of the research question:
1. What is framing?
2. How were the Dutch intelligence and security services previously viewed by the society?
3. What does the new act entail?
4. How is the act framed in the Dutch media?
Scientific and societal relevance
In the time the initiators of the referendum were busy finding support for their cause, the media began with reporting about the act and its possible impact on citizens. The way the proponents and opponents frame the consequences of the act is important for the discussion about the ratio between justice and security. This research is scientifically relevant because of the lack of literature concerning the topic of security versus justice in the form of the current act. The
4 referendum was announced in 2017 and research on this topic is thus limited. While opponents of the act actively planned to campaign for their motives, the proponents of the act did not ask for the amount of subsidy for their campaigns as their opponents (NOS, 2018). Nevertheless, the group which can be identified as ‘neutrals’ got the most subsidy assigned for their campaigns (NOS, 2018). The way these proponents and opponents promoted their frames, and which frames were adopted by the media, is also relevant for this research, because these possible similar frames could provide an incentive for further research.
The research has societal relevance because the act was expected to partly enter into force during the debate and has eventually entered into force in May 2018. Furthermore, the act could influence the lives of citizens. It is therefore relevant to see how these influences are displayed in the media, which is a source of information and education for citizens. The frames in mass media are used by its receivers to interpret events (Scheufele, 1999: 105). Because of this influence, frames could possibly have an impact on the outcome of the referendum. While writing this thesis the referendum has already took place, this research can offer citizens insight into identification of frames concerning the security versus justice debate. This thesis will be able to determine whether there is a correlation between the outcome of the referendum and the dominant frames. By doing so, this finding could be used for further research in the future.
Reading guide
After this introduction, the thesis will elaborate on the theoretical framework in the second chapter. The second chapter will provide an answer for the first sub-question by explaining the framing theory. Thereafter, the third chapter explains the methodology of this thesis, consisting of the sampling and analysis methods. In order to explain the characteristics of the Dutch intelligence and security services, the fourth chapter gives an overview of the conception of the Dutch intelligence and security services in society. The proposed changes of the new Wiv in contrast to the current law are described in the fifth chapter. The final sub-question is answered in the sixth chapter by assessing different media sources, defining which frames are used and analysing in which way frames can be identified in the Dutch media sources. Finally, the thesis concludes with answering the research question. In the appendix, an overview is given of the tasks and powers of the Dutch services according to Wiv 2002.
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2. Theoretical framework
This research will use the framing theory to analyse and explain the media coverage of the act of the Wiv. In this chapter, the first sub-question “What is framing?” will be answered.
“Framing is a critical activity in the construction of social reality because it helps shape the perspectives through which people see the world.”
(Hallahan, 1999: 207)
Framing
The framing theory indicates that frames are used “to describe the power of a communicating text” (Entman, 1993: 51). Framing thus offers an inside into the way a person could be influenced or a person wants to influence others by communicating specific information. The words of Entman, ‘communicating text’, do not necessarily mean a written text, but can also be understood in the broad sense, for example a video or television programme. By using frames, a text can imply a certain meaning. Therefore, a frame can shape and influence the meaning and memory the public connects to certain information. In other words: “Frames reside in the specific properties of the news narrative that encourage those perceiving and thinking about events to develop particular understandings of them” (Entman, 1991: 7). By looking at the frames in the media, the effect and perspective of the text can be observed. The two key elements which are connected to frames are “selection” and “salience” (Entman, 1993: 52). The former means that certain aspects of an event are selected for the text. In other words, only some aspects of the event are represented. Salience explains that by selecting specific aspects, these selected aspects will be more noticeable. At the same time, the salience of these aspects could also result in the (the more or less purposively) negligence of other aspects. By making some aspects stand out, other aspects will be less visible or even invisible. The frames consist of the use of specific pictures and words to emphasize a narrative, for example by using specific words, metaphors, concepts or symbols (Entman, 1991: 7). The placement and repetition of these words could also contribute to the strength of the frames. On the other hand, the exclusion of certain aspects is also powerful, because omission strengthens the focus on other frames (Entman, 1993: 54). The consequence of these frames is that the receiver of the text associates the event with a particular understanding. In other words, the frames are able to guide the
6 thoughts of the receiver in a particular direction (Entman, 1993: 52). The frame will not only affect the memory and understanding of an event, it will also determine how people will act (Entman, 1993: 54). Frames are therefore also used to create and form the perception of the public about political topics (Semetko and Valkenburg, 2000: 94).
Functions and locations of framing
There are four indicators which can be identified when applying the framing theory. These indicators are mentioned by Entman (1993: 52) and help to distinguish a frame. First of all, the definition of a problem or the description of the situation gives an overview of the characteristics of the situation. This definition also explains the costs and benefits of the situation (Entman, 1993: 52). Secondly, the description of the cause of the problem/situation defines the causes which created the situation. In order to interpret and understand the situation, a diagnose of the cause(s) can be reflected by the frame (Entman, 1993: 52). Furthermore, the moral understanding describes the evaluation of the situation and its effects. Finally, the last indicator looks into the proposed solutions or “treatment recommendation” (Entman, 1993: 52). The frame offers a justification for the solution and explains the possible effects of this treatment. These indicators are also defined as the functions of frames.
These frames can appear in different places of the process of communication. The first place is the person that communicates. This person (knowingly or unknowingly) decides the choice of words and is guided by its frames (Entman, 1993: 52). According to Entman and Rojecki (1993), there are seven explanations for the selection of specific information which the communicator chooses for a text, for instance emotions or the power to influence a policy (p. 156-157). The second and third places in the communication process are the text itself and the receiver of the text. The text includes several frames and the receiver’s way of thinking could or could not mirror these frames (Entman, 1993: 52). Finally, the last place is the culture. The culture reflects the frames in a specific social group (Entman, 1993: 53).
Specific frames
While it is possible to identify frames that are inherent to a specific situation, there are also pre-existing frames. Semetko and Valkenburg (2000) mention five different frames: the conflict frame, human interest frame, responsibility frame, economic consequences frame and the morality frame. The first frame, the conflict frame, highlights conflict between actors with the aim to attract the audience’s attention (Semetko and Valkenburg, 2000: 95). The human interest
7 frame attracts the attention of the audience in a different way, namely by emphasizing the emotional side of an event or personalizing the situation. This frame could be differentiated in frames that represent specific emotions, for instance fear or anger, or explain how people are affected by an event. Moreover, the responsibility frame seeks to assign responsibility to public or private actors (for example the authorities). Furthermore, the economic consequences frame shows the economic results of an event for certain actors. At last, the morality frame reflects “religious tenets or moral prescriptions”, which is often reflected by the words of experts (Semetko and Valkenburg, 2000: 96). While all of these frames have been used in the media, the first two frames are the most common (Semetko and Valkenburg, 2000: 95-96).
Effects of framing
As previously descripted, framing must be seen as a process and may have consequences for different levels of the communication process. De Vreese (2005) explains that frames which occur in the news are able to affect “learning, interpretation, and evaluation of issues and events” (p. 52). These effects can be established through multiple ways according to the framing literature. Firstly, there is a difference between so-called “belief importance” and “belief content” (De Vreese, Boomgaarden and Semetko, 2011: 182). The former concept describes that frames are able to make an alteration in the way an individual perceives the importance of an item by emphasizing certain aspects. The latter concept explains that frames might impose new aspects of an issue to an individual, which results in alteration of the belief of this person.
Furthermore, the concept of valence plays an important role in the process of framing and more importantly, the effects of framing. De Vreese, Boomgaarden and Semetko (2011) explain that “valenced news frames indicate inherent good and positive or bad and negative aspects” (p. 183). This means that valenced frames consist of features which are implicitly positive or negative. There is a variety in the strength of positivity or negativity of these aspects. The valence of frames influences the consequences of framing. De Vreese, Boomgaarden and Semetko (2011) have indicated that negative frames have a greater effect than positive frames (p. 194). News frames are able to affect cognitive reactions and attitudes because of the valence of these frames (De Vreese, Boomgaarden and Semetko, 2011: 183). Shah, Kwak, Schmierbach and Zubric (2004) define that frames in the media have “conditional effects on cognitive complexity” (p. 114). In other words, the frames might be able to enhance the process of acquisition of knowledge through perceiving and processing information. The researchers furthermore emphasize that a more complex human cognition has “attitudinal and behavioral
8 consequences” (Shah, Kwak, Schmierbach and Zubric, 2004: 117). Schuck and De Vreese (2006) focus in their research on the attitudinal consequences of frames in the news. The scholars found that frames could have an effect on the attitude of people for certain political issues. In their research, the scholars revealed that the both positive and negative frames in the news were able to affect the support of individuals towards a debate about the enlargement of the European Union (Schuck and De Vreese, 2006: 21).
Framing of referendums
Other literature specifically explains framing in the news concerning referendums and the effect of these frames on the referendum. Frames are used in this sense to process information and are helpful for individuals to entangle difficult political items (Wettstein, 2012: 319). In his research, Wettstein (2012) explains that the salience and the accessibility of the frames are important aspects in relation to the adoption of frames by the public or individuals (p. 320). Moreover, the researcher emphasizes that the interpretation of an issue by the public is influenced by the accessibility of the frames during the discussion, whether the frames are applicable to the item and whether the frames are understandable for the public (Wettstein, 2012: 322). If, for example, these frames are not accessible, the awareness of the public of these frames will reduce (p. 322). The salience of frames in media sources also strongly influences the adoption. The result of the salience of frames in the media is that these frames are accessible and therefore induce the adoption of these frames by the public (Wettstein, 2012: 330).
Media is thus an important source for the explanation and determination of referendum issues. These frames are among others applied by journalists and politicians to promote different understandings of events (Dekavalla, 2016: 797). While frames of political issues develop and are represented in the media for several weeks or months (Wettstein, 2012: 320), De Vreese and Semetko (2004) pointed out that information sources had a notable influence on the opinion of individuals in the last weeks before the referendum in Denmark in 2000 (p. 712). In this referendum, concerning the introduction of the euro, a small majority of the voters voted against the euro. The presence of “negative evaluations of YES actors” and the increased presence of “NO actors” might stimulate a “NO vote” in the referendum (De Vreese and Semetko, 2004: 713). Furthermore, the NO actors were able to widen the scope of the topic concerning the referendum, which resulted in a contribution to the vote against the euro (De Vreese and Semetko, 2004: 714). The scholars emphasized that the YES actors would have been more successful in convincing the public of their point of view when they acknowledge the
9 interrelationship between the euro and other political domains. In other words, the negative aspects of the euro were given more depth by the connection to multiple different consequences and thus turning the debate into “a more fundamental ideological discussion” (De Vreese and Semetko, 2004: 715)
Another significant finding is the effect of positive frames on NO voters. This effect is connected to the theory that positive framing in the news would mobilize the opponents of the referendum topic (Schuck and De Vreese, 2009: 55). This theory is (amongst others) based on the prospect theory, which explains that “the probability of loss is overweighted” (in comparison to gain) when making decisions (Kahneman and Tversky, 1979: 285). In times of a referendum, the frames in news which promoted a “positive outcome” of the referendum would stimulate NO voters to vote against, in order to prevent the risk of this outcome (Schuck and De Vreese, 2009: 55). However, the reason for this mobilization is not necessarily connected to NO voters. In other words, there might by cases in which negative framing in the news might mobilize YES voters to bring out their vote. In the research of Schuck and De Vreese (2009), the frames about the referendum on the Dutch EU Constitution in 2005 were analysed. In this respect, a positive outcome of the referendum would possibly result in the introduction of a constitution for the European Union. A positive outcome would thus favour change and the introduction of something new. The mobilization of voters through adversary frames is caused by the desire “to protect the status quo” against - what the voters consider as - a threat (Schuck and De Vreese, 2009: 56). In the case of the Dutch EU Constitution referendum, a negative outcome of the referendum was not a significant risk for the YES voters because it would not make an alteration in the current situation (“status quo”) (Schuck and De Vreese, 2009: 56). The researchers emphasize that in some cases a negative outcome of the referendum would alter the status quo. They also emphasize that there is the possibility positive frames might also have a mobilizing effect on YES voters. In conclusion, their research supports the finding that the risk of “a potential change of the status quo” is an element which mobilizes voters whom are against this outcome (Schuck and De Vreese, 2009: 56).
In sum, both the general framing effects as the effects of framing on referenda show that negative frames in the media have significant consequences. While the salience and accessibility of frames play important roles in the adoption of frames by the public, previous studies have shown that both negative and positive frames are able to stimulate individuals to vote against the proposal in a referendum. The theoretical framework concerning framing in
10 this chapter will be used to explain the (sub-)research question(s). The indicators of Entman (1993), the predefined frames and the general framing effects as well as the effects on referendum will be used to clarify framing in the media concerning the new Wiv.
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3. Methodology
The methodology of this research will be elaborated in this chapter. The objective of the research is to examine how the recent debate about the referendum and the legal act are reflected in the Dutch media coverage. In this qualitative study, the framing theory is an effective way to make a reflection of the role frames concerning the Wiv played in the media and the possible impact of these frames on the referendum. In order to improve the process of frame identification and analysis of media sources, the fifth chapter of this research will provide an overview of frames used by organizations and persons whom were dominant in the public debate and were mentioned in media sources. The following organizations and persons are taken into consideration: Amnesty International, Bits of Freedom, Privacy First, Free Press Unlimited, the AIVD, the former director of the MIVD Pieter Cobelens, former BVD director Arthur Docters van Leeuwen and former MIVD director Pieter Bindt.
Data sampling
In this holistic single case study, the aim of the research is to reflect the frames that are used by the proponents, the opponents and media. The research will select different media sources which mention the act and the referendum. These sources will be selected between the timeframe of 1 September 2017 up to and including 21 March 2018. In September 2017, the Dutch Electoral Council announced that the requirement of 10.000 requests in the preliminary stage was reached (Kiesraad, 2017b). This achievement was the starting point of ‘the campaign’ for a referendum. The referendum took place on 21 March 2018. These two important moments have increased the media attention on the act and will therefore be guiding for selecting the data. The articles will be purposively sampled. Further requirements for the selected articles are that the articles mention the referendum and the act (in relation to the content of the act)6. These
requirements and the sampling method guarantee that the indicators can be answered through analysis of the articles. In this way, this selection will ease the process of identifying frames because the content of the articles refers to the same information.
This study will use multiple sources. First, news articles will be analysed. Newspapers have a wide reach, because of their publications online, and focus on different groups in the population.
6 Letters from readers were excluded, in order to analyse the articles which were written by the
12 Furthermore, newspapers “have the facility to communicate rather more complex ideas” than media which is broadcasted (McNair, 2000: 136). Due to feasibility, this research will focus on the five national daily newspapers with the biggest circulation in the Netherlands The chosen newspapers are ‘Telegraaf’, ‘Algemeen Dagblad’, ‘NRC Handelsblad’, ‘Volkskrant’ and ‘Trouw’. These newspapers all represent a particular perspective and have a specific background. These five newspapers all have an amount of circulation of approximately or above 100.000 in 20177. The news articles of these five newspapers will be selected through sampling from Lexis Nexis and will be analysed through the method of media discourse analysis. Due to feasibility of this research, there is no possibility to analyse all newspapers and media sources. However, the five newspapers represent different perspectives and thus reflect a large part of the Dutch newspapers coverage.
Secondly, the research focuses on two other sources that contributed to the framing of act. The first source is television programmes. In this research, the television programmes ‘Zondag met Lubach’ and ‘College Tour’ were purposively sampled. The former programme broadcasted an episode about the Wiv on 1 October 2017. This episode largely contributed to the request for a referendum. The latter programme broadcasted an episode with the Director General of the AIVD Rob Bertholee on 21 January 2017. This episode was the first time the Director General publicly spoke about the new act. Moreover, both programmes were mentioned in several news articles.
The second source includes special websites. Since the announcement of the possibility for a referendum on the Wiv, several websites were made and created (often with financial support) in order to inform the public or steer them in a specific direction. Similar to the other media sources, these websites also communicated frames about the new act. The following three websites were selected for this research through the method of purposive sampling. Firstly, www.sleepwet.nl was created to obtain requests for a referendum. The website also shows the opinions of multiple political parties about the new act. Parties as SP, Partij voor de Dieren and Piratenpartij openly supported this website and request for a referendum8. These parties also
7 Numbers according to Nationaal Onderzoek Multimedia, retrieved from:
http://www.nommedia.nl/Doelpagina-Artikellijst/2045/2285970/Nieuwe-publicatie-Oplagecijfers-2017-Q1-t-m-2017-Q4.html
13 promoted against the act through campaigns and videos9 10. Secondly, the website
www.veiligheid-en-de-wiv.nl was mentioned in several news articles. Lastly, the website www.wiv-onderdeloep.nl will be analysed, which provides neutral comments and descriptions of the act. While more websites about the Wiv were created, this research will concentrate on these three websites because these sources all communicate the frames in a different way and were mentioned in other media sources.
Data analysis
The analysis will be given per news item by assessing the following four indicators: description of the situation, description of causes, moral understanding and proposed solution(s) (Entman, 1993: 52). This research will focus on the third location in the communication process defined by the framing theory of Entman (1993: 52): the text itself. The researcher will therefore act as an (objective) receiver of the information. The research is both a deductive and an inductive study. Pre-existing frames are used (see table below), but the analysis is not solely based on these existing frames. When frames do not match the content, new frames can be identified.
Frames Example questions to identify the frames
Conflict Does the text mention different sides or disagreement between different actors? (Semetko and Valkenburg, 2000: 98)
Human interest Does the text mention how people are affected by an issue or refer to specific emotions?
(Semetko and Valkenburg, 2000: 98)
Responsibility Does the text speak of responsibility of the government or any other actors? (Semetko and Valkenburg, 2000: 98)
Economic consequences Does the text mention economic effects such as financial losses/gains? (Semetko and Valkenburg, 2000: 98)
Morality Does the text mention any references towards morality or a moral message? (Semetko and Valkenburg, 2000:98)
9 Video of SP accessible through: https://www.sp.nl/sleepwet
10 Video of Partij voor de Dieren accessible through:
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Internal and external validity
As a guarantee for a high internal validity, this research will use different media sources and the method of media discourse analysis. The chosen newspapers all have a different background, perspective and the writing is from a different angle. Furthermore, the other media sources also have different purposes and reflect different interests and angles. This diversity will assure that these sources largely represent the national media coverage in the Netherlands. The framing theory of Entman is useful to assess these different newspapers and media sources in the same way. This theory provides indicators which help to measure and analyse the sources. However, the frames will be analysed through this research. This means that there is never absolute certainty that these frames will be interpreted in the same way by all the receivers of the texts/sources.
Because of the choice for a holistic single case study, external validity will be lower than the internal validity. The use of certain frames is sufficient to explain the specific characteristics of this case. However, the choice for a holistic single case study makes it hard to generalize the use of framing in every case. On the contrary, this research will provide insight on the use of framing of cases concerning important and controversial topics in society. A possible pitfall of the research is that the theory of framing only reflects one aspect of the possible influences on the discussion about the act. Another pitfall is that not all media sources can be analysed due to the lack of time and size of this research. The choice to follow specific ‘expressions’ in the media is based on feasibility. Nevertheless, this choice does not mean that every other media source identically reflects the same frames as one of these sources or articles. Every newspaper and media source is unique.
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4. The Dutch intelligence and security services
The introduction of this thesis gave a short overview of the Dutch intelligence and security services: the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD). The chapter will answer the second sub-question ‘How were the
Dutch intelligence and security services viewed by the society in the past?’. This chapter will
elaborate on the characteristics and the frames used for the Dutch intelligence and security services (in particular the predecessor of the AIVD: the BVD) in the past.
The introduction of the new act is not the first time frames have been formed about the Dutch intelligence and security services. The services have previously been subjected to the concept of framing, especially the predecessor of the AIVD. The Binnenlandse Veiligheidsdienst (BVD) was established in 1949 and the service was, according to the founder of the service Louis Einthoven, mostly focused on the problems concerning communism (Engelen, 2010: 66). The nature of the intelligence services reflects secrecy which often results in speculation about and imaging of these services. De Graaff and Hijzen (2018) describe this consequence as the risk to be ‘doubly’ suspicious. According to them, a service which remains silent is by definition suspicious, let alone a services which secretly operates and has profound special powers. (p. 150). At a certain point, the approach of the BVD was labelled as “gedachtepolitie [thoughts police]” (De Graaf & Hijzen, 2018: 151). Throughout history, this label was not the only label which was used to describe the services.
Scepticism towards BVD
Over the years, the scepticism in society towards the BVD has increased. In the first place, the organization performed an important role in the Cold War. In the first phase of the war (before the Cuban Missile Crisis), the majority of the Dutch society had an anti-communist mindset (Engelen, 2007: 17). However after the Cuban Missile Crisis, the fear for war gradually decreased. Furthermore, the communist threat appeared to be overestimated by the BVD (Engelen, 2007: 45). The decreasing aversion of communism in the Dutch population, in combination with the sense of unease about the confidentiality of the service, resulted in a critical attitude in society towards the service (Engelen, 2007: 67). While politics determined the necessity of the service, the confidentiality of the service only allows restricted democratic
16 control. Therefore, the service was labelled as “noodzakelijk kwaad [necessary evil]” (Engelen, 2007: 277).
Previous frames
Due to this scepticism in society, the services have been connected to several metaphors over the past years. While an article of Hijzen (2018) only describes the most frequent metaphors used by outsiders and critics (p. 13), the author is able to divide the metaphors into four characters. The first character involves the frames which characterize the service as a “James Bond on wooden shoes” (Hijzen, 2018: 18). In accordance with this metaphor, the Dutch security service was seen as incompetent and clumsy. The security service as a “ruin” is the second character which symbolizes the security services as a remainder of the past (Hijzen, 2018: 18-19). According to this character, the service does not belong in this period and the views of the service are labelled as outdated. Furthermore, the third character marks the security as a “stowaway of the democracy” (Hijzen, 2018: 19). This character displays the service as an outlaw in the democratic state. Finally, the fourth character describes the service as “a state within a state” (Hijzen, 2018: 23). This character refers to the service as a very powerful, uncontrollable force. According to some frames of this character, the service creates its own work and manipulates society (Hijzen, 2018: 24). In his article, Hijzen (2018) indicates that the characters were reproduced. After being away for some time, multiple characters returned in the media throughout the years. This reoccurrence shows that the same metaphors were and can be used throughout history. Therefore, these frames might be presented again by the media in the run up to the referendum. The article proves that framing of (the work of) the Dutch services is not a new concept and will probably occur in the present day and future.
BVD as a dangerous organization
In accordance with the ‘James Bond on wooden shoes’ metaphor of Hijzen, journalist Rudie van Meurs11 noticed that the public labelled the work of the BVD as “padvindersgedoe [scouts hassle]” (Van Meurs, 1978). However, Van Meurs believes that this label downplays the actual strength and impact of the service: he believes that the service is dangerous for the society. His view reflects Hijzen’s metaphor of the service as a stowaway in the democratic society. Van Meurs marks the service as “ondemocratisch instrument ter bescherming van de democratische
11 Rudie van Meurs is an investigative journalist and the former editor of Vrij Nederland which has a
17 rechtsorde [undemocratic instrument to protect the democratic rule of law]” and this service thus does not belong in a democratic society (Van Meurs, 1978: 22-23).
According to the journalist, the BVD is everywhere, built from the “kleinste gehuchten [smallest hamlets]” in the Netherlands (Van Meurs, 1978: 34). In this way, the service expands its power and this results in “wildgroei en rechteloosheid [proliferation and lawlessness]” without the ability of the parliament to check the service (Van Meurs, 1978: 35). Examples of this expansion mentioned by the journalist are the indirect investigative power through delegation to the police (Van Meurs, 1978: 50) and the inclusion of retired civil servants whom are involved with “heimelijke activiteiten [stealthy activities]” (Van Meurs, 1978: 72). According to Van Meurs, this method provides the BVD the label of “Een ‘gestapo-achtig’ apparaat [a ‘gestapo-like’ apparatus]” (Van Meurs, 1978: 45). Several other incidents are mentioned which are included in “het mausoleum [the mausoleum]” of incidents and are used to characterize the service (Van Meurs, 1978: 147). Van Meurs emphasizes the dissatisfaction in society about the services with examples from different groups in society. Firstly, a pastor ascribes the word devilish to the BVD. According to the clergyman, the organization is “een duivelse organisatie [a devilish organization]” which uses the church to dig up dirt on people (Van Meurs, 1978: 116-117). However, Van Meurs notes that this kind of pastor is rare (p. 119) and the service is thus able to gather information through ecclesiastical institutions. Secondly, the example of future scientists, or in other words students, is used. The BVD cooperates with students and university in order to facilitate “de jacht op de wetenschapper van morgen [the hunting of the future scientist]” (Van Meurs, 1978: 121). The last example is related to the author himself. The journalist mentions that the BVD performs illegal practice by gathering information about him through the mayor’s office because of his profession. He describes the views of the services as “chicanes” (Van Meurs, 1978: 132). Furthermore, he accuses the BVD of abuse of journalistic relations and mentions that the service poses a threat to the freedom of speech (Van Meurs, 1978: 136). Overall, these examples show objections from multiple aspects in society against a service as the BVD. It is speculated that the service owns its existence to ‘self-summoned’ enemies and the creation of fear in society. The legitimacy of the service is even questioned, due to the disagreement in parliament about the BVD (Van Meurs, 1978: 182). While these frames emphasize and reflect the negative interpretations and critics about the BVD, it should be noted that these frames were largely carried out by a part of the society which were often targets of the service and were mostly left-winged political oriented.
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5. The new Intelligence and Security Services Act
This chapter will explain the proposed new Intelligence and Security Services Act and provides an answer for the third sub-question ‘What does the new act entail?’. Firstly, the chapter discusses the development of the act. Thereafter, some differences between the Wiv 200212 and
the new act will be illustrated. Due to the feasibility of this research, this chapter will only discuss the articles of the act which have been often criticized and are mentioned in the public discussion. Finally, summaries of the views about the new act of five influential organizations and three persons are given: Amnesty International, Bits of Freedom, Privacy First, Free Press Unlimited, the AIVD, Pieter Cobelens, Arthur Docters van Leeuwen and Pieter Bindt. These organizations were especially dominant in the public discussion about the new act and were therefore frequently mentioned in the media.
Formulating a new proposal since 2006
Since the current act is from 2002 and thus fifteen years old13, the main reason for a new act is modernization. On the other hand, the new act aims to strengthen the constitutional guarantees according to the memorandum14. The act has the goal, for instance, to offer more transparency and to improve the supervision. Since 2006, there have been plans to reform the Wiv 2002. After evaluation of the Wiv 2002, the Commission Evaluation Intelligence and Security Services Act (Commission Dessens) concluded in 2013 that the act needed modernization in order to reach a balance between national security and constitutional guarantees (Commission Dessens, 2013: 44). The Commission explains that the current system of collecting data through telecommunication is not sufficient anymore. The current powers are not adequate to serve the goal of national security and the act needs revision of the legal guarantees (Commission Dessens, 2013: 78). At the same time, the Commission proposes consolidation of the supervision, mainly in advance. (Commission Dessens, 2013: 173). Different suggestions are made to improve the supervision. Firstly, the commission recommends the permission of the Minister for the deployment of the power to enter an automated work and immediate supervision of the CTIVD (Commission Dessens, 2013: 172). Another recommendation is to give an account to the motion Franken which includes multiple benchmarks for the formulation
12 An overview of the tasks and powers of the services in the Wiv 2002 is in the appendix of this
research.
13 Counted from 2002 until last year (2017), when the referendum was proposed. 14 Parliamentary Papers II, 34 588, no. 3, 2016, p. 5-6.
19 of a new act. Furthermore, the Commission recommends binding power for the decisions of the CTIVD about legitimacy of the special powers (Commission Dessens, 2013: 173).
In comparison to the act of 2002, the new act is more extensive. The act largely includes regulation which is written down explicitly, but was already used under the act of 2002. The articles which received the most critics and attention will be discussed.
The collection of data
The new act includes both an expansion of powers and strengthening of guarantees. An example of an expansion is the authorisation of the services to request information from other telecommunication providers instead of the limitation of public telecommunication providers (Wiv 2017, §3.2.5.6.4, article 51). The explanation for this expansion is included in the memorandum, which describes that the ‘immense’ increasement of use and quantity of communication-services has caused this expansion15. Another example is the power to non-specifically tap from cable-bound telecommunication. The new act does not include the restriction for the services to non-specifically tap information from cable-bound telecommunication. The difference between cable-bound telecommunication and non-cable-bound telecommunication is not mentioned in the new act (Wiv 2017, § 3.2.5.6.3, article 48-50). According to Dielemans (2018), the form of information does not change, but solely a new medium is included (p. 73). The argument for this enlargement is based on the Commission Dessens. The memorandum describes that that the act does not live up to the necessary powers concerning national security16. Furthermore, the new act introduces a DNA-database (Wiv 2017, § 3.2.5.3, article 43)17. The memorandum of the act explains the necessity of preservation of DNA. According to the memorandum, DNA-profiles had a vital role in the identification of the perpetrators of the Paris attacks in 201518.
The old act did not include all requirements which the European Court of Human Rights (EHRM) imposed concerning the right to privacy mentioned in article 8 of the European Convention on Human Rights (EVRM). This right allows, in some cases, the infringement of the right to privacy when the infringement is necessary to serve the interests of national security.
15Parliamentary Papers II, 34 588, no. 3, 2016, p. 83. 16Parliamentary Papers II, 34 588, no. 3, 2016, p. 91. 17Parliamentary Papers II, 34 588, no. 3, 2016, p. 69. 18Parliamentary Papers II, 34 588, no. 3, 2016, p. 72.
20 In order to meet these requirements, the new act includes some new guarantees. The new act includes the guarantees that data will be examined in order to establish the relevancy of the data, the irrelevant data will be destroyed and the data will be retained for a period of one year (Wiv 2017, § 3.2.1, article 27). Data obtained through tapping, monitoring, receiving and recording of telecommunication has a retainment period of three years (Wiv 2017, § 3.2.5.6.3, article 48(5) and 48(6)).This retainment period is extended to three years, because the retainment period of one year was experienced as a bottleneck as explained in the memorandum19. Moreover, the act introduces a new Review Board for the Exercise of Investigatory (TIB). This board examines the legitimate execution of a power prior to the execution if the act requires the permission of the Minister for the deployment of this special power (Wiv 2017, § 3.2.2.1, article 32). The decision of the board is binding, which will result in the cancellation of the Minister’s permission if the board decides that the execution of the power is not legitimate (Wiv 2017, § 3.2.2.2, article 36(3)). Furthermore, the CTIVD will still be authorised to handle complaints. This committee will introduce a new department which will decide on filed complaints (Wiv 2017, § 7.2.3, article 114). The explanatory memorandum emphasizes that the decisions of the new department of the CTIVD are binding20. This specific
department of the CTIVD replaces the National Ombudsman. Finally, the new act offers guarantees for the use of special powers against journalists and lawyers, if the execution of the power might lead to acquirement of data concerning the source of the journalist or the confidential communication between the lawyer and its client. In that case, the court of The Hague has to give permission according to article 30(2) and article 30(3) (Wiv 2017, §3.2.1, article 30). According to the memorandum of the act, the introduction of the TIB, the complaints review by the CTIVD and the specific procedure concerning journalists and lawyers are adapted to the requirements of EVRM and EHRM21.
Cooperation between (foreign) intelligence and security services
The Dutch services should take several aspects into consideration before the services are able to cooperate with other foreign intelligence and security services, for instance professionalism and respect for civil rights in the foreign country (Wiv 2017, § 6.2, article 88). According to the memorandum, cooperation with other services is defined as “onmisbaar [indispensable]”22.
19Parliamentary Papers II, 34 588, no. 3, 2016, p. 100. 20Parliamentary Papers II, 34 588, no. 3, 2016, p. 180.
21Parliamentary Papers II, 34 588, no. 3, 2016, p. 17, 171 & 48. 22Parliamentary Papers II, 34 588, no. 3, 2016, p. 7.
21 Provision of data which is not (yet) evaluated needs the permission of the Minister (Wiv 2017, § 6.2, article 89(2)). Foreign services are not authorised to collect data in the Netherlands on their own initiative. Moreover, the act regulates the request for support of other foreign services (Wiv 2017, § 6.2, article 90). The article guarantees that the services can only request for support when the requested support matches a power listed in the act (Wiv 2017, § 6.2, article 90(5)).
Organizations and persons about the new Act
Due to these new powers and guarantees, the new act received many attention. Some organizations had a strong presence in the public discussion about the act and/or the referendum. An organization which has been present since the consultation phase of the proposal is Amnesty International. The organization is not a proponent of the new act. In their advice to the government, Amnesty wrote “In een democratische rechtsstaat zoals Nederland kan het nooit noodzakelijk zijn om de gehele bevolking onder communicatie-surveillance te plaatsen. [It could never be necessary to put the entire population under communication surveillance in a democratic constitutional state like the Netherlands]” (Amnesty International, 2015: 1). These words indicate that the proposed act will result in surveillance of the whole Dutch population. Furthermore, the organization refers to the revelations of Edward Snowden about governments and refers to expertise (among others the United Nations) to support its statement that the new act invades human rights (Amnesty International, 2015: 2). Amnesty adopts the term “sleepnet [dragnet]” in order to clarify its point of view about the collection of all forms of telecommunication (Amnesty International, 2015: 3). Two years later, the organization is still present in the public discussion and still uses this metaphor. Amnesty used the word “sleepwet [drag act]” for the act (Amnesty International, n.d.). The organization claims that the privacy of civilians is at stake and that this privacy will not be respected by the services. Amnesty also states that the act allows the sharing of data with countries which will use this data to oppress, discriminate or prosecute certain groups in society (for instance homosexuals) (Amnesty International, n.d.).
Another organization which has been present since the beginning is the organization Bits of Freedom. This organization has also consulted the government during the consultation phase and uses the word ‘sleepnet [dragnet]’ frequently in its advise (Bits of Freedom, 2015). The organization critically analyses the act and describes (among other things) the power to enter automated work through interference of a third automated work as very risky and
22 disproportional (Bits of Freedom, 2015: 15-16). During the months prior to the referendum, the organization actively campaigned against the new act. On its website, Bits of Freedom uses “surveillancewet [surveillance act]” and “sleepwet [drag act]” as synonyms for the act (Bits of Freedom, n.d.). Together with the organization Free Press Unlimited (and Internet Society), the organizations launched the website geensleep.net. A remarkable finding is that both the website geensleep.net and Amnesty International support their point of view with the example of online searching for the word ‘jihad’ (Amnesty International, n.d.; Bits of Freedom, Free Press Unlimited and Internet Society, n.d.). According to the organizations, the act would result in self-censorship due to fear. Furthermore, the website states that this act makes it impossible for journalists to protect their source. Free Press Unlimited indicates that the act will have a disastrous effect for journalists, because the act will restrain citizens from sharing crucial stories with social relevance. The organization refers to stories similar to the Panama Papers (Free Press Unlimited, n.d.)
The organization Privacy First also uses ‘sleepwet [drag act]’ as a synonym for the new act. The organization fears that the privacy of citizens will be infringed and expresses that the data of “onschuldige burgers [innocent citizens]” should not be collected by the services, because this could lead to false positives (Privacy First, 2018). Privacy First writes on its website that the Dutch services are not able to supervise the data when the data are shared with other countries. The new act would result in a “chilling effect” on the practice of the right to privacy according to the organization (Privacy First, 2018). The organization also states that the Dutch government releases fake news about the act and the government has “hongerlust [appetite]” for data (Privacy First, 2018). The website further criticises the TIB, which is described as dependent and “stempelmachine [stamping machine]” (Privacy First, 2018).
In contrary to the other organizations, the AIVD is (as could be expected) a proponent of the new act. According to the service, the world has deteriorated since the Wiv 2002 came into force. The service’s website states that the services are currently unable to timely notice (terrorist) threats and due to this shortcoming, the services will be unable to protect national security (AIVD, n.d.). According to the AIVD, the new act will provide a solution for this problem and provides guarantees for the protection of personal data conform national and international rulings.
23 The former director of the MIVD, Pieter Cobelens, labels the term “onschuldige mensen [innocent people]” which is used by opponents of the act as “karikatuur die de tegenstanders scheppen [caricature created by opponents]” (Voor de Ommekeer TV, 2018). Cobelens debunks the arguments of organizations (for instance Bits for Freedom) which proclaim that the new act allows the tapping of telecommunication of a whole city in order to see whether something is ‘going on’. According to the former MIVD director, this imaging is “onzin [nonsense]” and the new act imposes “nieuwe extra veiligheden [new extra securities]” (Voor de Ommekeer TV, 2018). By using the words “stomme referendum [stupid referendum]”, Cobelens expresses his opinion about the referendum. He explains that the referendum stops the services from maximally utilizing their powers and establishing security. The privacy matter is “flauwekul [baloney]” and privacy does not exist anymore according to Pieter Cobelens (Voor de Ommekeer TV, 2018). He substantiates his argument by saying that private companies use their cameras to record civilians without ‘sufficient’ regulation.
The former BVD director Arthur Docters van Leeuwen also supports the new act. In a broadcast of the Dutch television programme WNL op Zondag, Docters van Leeuwen debunks the commentary of the host whom labels the collection of data of ‘innocent citizens’ as extensive. According to the BVD director, the country copes with a “omgekeerd problem [converse problem]” which is caused by digitalisation (Nieman, 2017). He mentions that the services will not hold on to irrelevant data, because this is “een belasting voor de dienst [a burden for the service]” and the services “geen bal aan hebben [the data are not useful for the services]” (Nieman, 2017). Another guest of the show, Annemarie Jorritsma, confirms his arguments by saying that the act is very complicated and is labelled incorrectly. Docters van Leeuwen furthermore mentions the consequence if the act will not enter into force. He describes the “digitale gat [digital gap]” which will increase and as a consequence, the services are not able to provide a “begin van garantie [start of guarantee]” to notice attacks. The risk of attacks thus increases (Nieman, 2017). According to the former director, another consequence is that Dutch military personnel whom are dispatched to foreign countries will risk to die.
Pieter Bindt, another former director of the MIVD, agrees that the new act is necessary in order to “dreigingen tijdig te zien [timely notice threats]” (Bindt, 2018). Bindt explains that the services’ confidentiality is necessary by labelling it as sensible secrecy. The former director mentions that he has confidence in the professionalism of the services and stresses that the services have “te beperkt zicht [too limited sight]” due to the current act. The consequence is
24 according to Bindt as follows: “Tijdig onderkennen en begrijpen van dreiging loopt daarmee gevaar [This poses a danger to timely recognizing and understanding a threat]” and “Daarbij zien ze veel foute signalen [they see many false signals]” (Bindt, 2018). Furthermore, he debunks the argument of the opponents whom state that whole neighbourhoods will be subjected to surveillance because this method is disproportionate and non-subsidiary. Bindt advises to vote for the new act, because the act imposes ‘a good balance’ between tasks, powers and guarantees.
In order to clarify the views of the mentioned persons/organizations, the following table will offer an oversight of the used frames per critized aspect of the act.
Aspect of the act Frames
Non-specific interception of cable-bound telecommunication
Amnesty International
* Human interest frame (privacy at stake, surveillance and terms as ‘sleepnet [dragnet]’ indicate the impact on humans)
* Morality frame (infringement of right to privacy according to United Nations institutions)
Bits of Freedom and Free Press Unlimited
* Human interest frame (among others the reference to emotion fear and human impact)
Privacy First
* Human interest frame (impact on privacy)
* Morality frame (this frame is representated by the moral prescripition that data of innocent civilians should not be collected)
* Almighty government frame (this frame labels the government as powerful and unfaithful by writing that the government releases fake news and is eager to collect data)
AIVD
* Human interest frame (indicated by the words ‘unable to timely notice terrorists’ and ‘protect national security’)
25 * Necessity frame (the new act offers a solution according to the organization and is thus necessary)
Pieter Cobelens
* Human interest frame (‘privacy does not exist’)
* Necessity frame (indicated by the words ‘sufficient regulation’) * Exaggeration frame (this frame reflects that other organization exaggerate when describing the scenario of tapping whole neighbourhoods)
Arthur Docters van Leeuwen
* Human interest frame (human impact and referral to fear by saying that without the act military personel will risk to die and risk of attacks) * Necessity frame (‘digital gap’)
* Exaggeration frame (mentioning that the label of innocent people is extensive)
Pieter Bindt
* Human interest frame (human impact is indicated by the words as ‘danger’)
* Necessity frame (mentioning the necessity of the act)
* Morality frame (indicates that the services follow the law by using terms as ‘disproportionate’ and ‘non-subsidiary’)
Sharing data with other (foreign) services
Amnesty International
* Human interest frame (indicating that sharing data will result in the oppression and discrimination of people according to Amnesty)
Privacy First
* Human interest frame (impact on privacy)
Entering
automated work
Bits of Freedom and Free Press Unlimited
* Morality frame (the word ‘disproportional’ indicates the moral prescription of this power)
26
Introduction of the TIB
Privacy First
* Insuffiency frame (the new Board is labelled as insufficient through the name ‘stamping machine’)
Data from journalists
Free Press Unlimited
* Human interest frame (the power will have ‘a disastrous effect’ for journalists)
Overall, these different actors communicate frames and express the actors’ points of view. While the first four organizations frame the image of the services which gather as much data as possible at the cost of citizens’ privacy, the last organization and persons emphasize that this new act is necessary for the protection of the country. The frames mainly focus on the power to tap non-specific cable-bound telecommunication. The following chapter will analyse the appearance of frames concerning this new act in the media. Due to the media attention these organizations and persons received, some frames might be reproduced and/or reoccur in the media.
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6. Frames in the media
In this chapter, different media sources will be analysed in order to identify (pre-existing) frames. Firstly, the newspapers Algemeen Dagblad, Telegraaf, NRC Handelsblad, Trouw and Volkskrant will be assessed. Thereafter, indicators and frames of two television broadcasts are discussed. Lastly, the analysis of three influential websites is given.
6.1 Newspapers
6.1.1 Algemeen dagblad
This research analysed ten articles from the newspaper Algemeen Dagblad. The following indicators and frames were reflected and identified.
6.1.1.1 Indicators
Description of the situation
The articles in Algemeen Dagblad use different descriptions for the situation concerning the new act. Almost every analysed article of this newspaper uses the term ‘sleepwet [drag act]’ as a synonym for the act in combination with the formal name of the act. Another equivalent which is used is the term “aftapwet [drain act]” (Oosterhof, 2017, October 6: 10; Hoedeman & Winterman, 2018, March 3: 3). An exception is the interview with the party leader of the Dutch political party Christen-Democratisch Appèl (CDA) Sybrand Buma whom mentions the official name of the act (Kok & Van Soest, 2017, November 25: 4-5). According to Van Soest, the new act caused many “onrust [unrest]” within society (Van Soest, 2017, November 2: 26). On the other hand, some articles emphasize the situation prior to the public discussion about the act, in particular the acceptation of the act by the Parliament. The articles describe the situation in which the Senate accepted the act “vrij geruisloos [silently]” (Voskuil, 2017, October 9: 10) and was about to enter into force “zonder veel reuring [without much commotion]” (Rosman, 2018, March 17: 12). According to one of the initiators of the referendum, this situation was labelled as “echt heel raar [really strange]”, because the act already received many critics from “gerenommeerde [reputable]” organizations (Rosman, 2018, March 17: 12).
Description of causes
Most articles describe that the introduction of the new act is caused by the insufficiency of the current act from 2002. According to the government and the services, the act is necessary for
28 the prevention of criminality, in particular terrorism (Oosterhof, 2017, October 6: 10; Voskuil, 2017, October 9: 10). The proponents of the new act speak of the “modernisering [modernization]” of the current act (Rosman & Winterman, 2018, March 21: 8) and the old act as a “belemmering [obstruction]” for the services to protect the nation (Van Soest, 2017, November 2: 26). On the other hand, the opponents of the act also mention that the adjustment of the old act is necessary (Hoedeman & Winterman, 2018, March 3: 3; Rosman & Winterman, 2018, March 21: 8). Winterman & Rosman (2018, March 15) emphasize that the new act is necessary for regulation of the services and that the services “klagen [complain]” about their current powers (p. 8).
Moral understanding
The consequences of the act mentioned in Algemeen Dagblad show some similarities. The newspaper paints the picture of services (while referring to Arjen Lubach) which “hele wijken (…) aftappen [tap whole neighbourhoods]” if a suspect lives in the neighbourhood or if these services want to track down a “Syriëganger23” (Oosterhof, 2017, October 6: 10; Voskuil, 2017, October 9: 10). The director of Amnesty International labels the act as “onnodige schending van privacy [unnecessary violation of privacy]” and a member of the House of Representatives of the party Groenlinks, Kathalijne Buitenweg, mentions that “alle Nederlanders [all Dutch people]” shall be tapped by the services (Rosman & Winterman, 2018, March 21: 9). She further explains in an interview that the act does not reflect the guarantees as promised by the government (Hoedeman & Winterman, 2018, March 3: 3). Furthermore, the term “onschuldige [innocent]” persons/citizens is often used by both proponents and opponents of the Wiv. The opponents use the words to emphasize (in their opinion) profound consequences of the act (Hoedeman & Winterman, 2018, March 3: 3; Winterman & Rosman, 2018, March 15: 8; Rosman, 2018, March 17: 12). The proponents, on the other hand, debunk this frame by saying the services are not interested in their data (Hoedeman & Winterman, 2018, March 17: 13) and the new act will prevent that these persons will die (Van Soest, 2017, November 2: 26). According to the minister of the Interior Kajsa Ollongren, the services can be trusted due to the guarantees in the Wiv (Hoedeman & Winterman, 2018, March 17: 13). However, Akyol (2018, March 20) describes that both the opponents and the proponents seem to emphasize that the referendum about this act is a choice between “particuliere privacy [private privacy]” and “nationale veiligheid [national security]” (p. 2)
