Freedom of Expression and Information in Spain
Freedom of Expression: Article 20.1 CE
Article 20.1 of the Spanish Constitution (CE) protects several different fundamental rights in its four sections. Along with the recognition of those rights, this article governs their guarantees (art. 20.2, 3, and 5 EC) and its limits (art. 20.4 EC). Article 20.1 EC states that “the following rights are recognized and protected”:
- a) To freely express and disseminate thoughts, ideas, and opinions through words, writing, or any other means of reproduction.
- b) To literary, artistic, scientific, and technical production.
- c) Academic freedom.
- d) To communicate or freely receive truthful information by any media.
Freedom of Information
The purpose of freedom of information, section 20.1. d), constitutes “truthful information”, meaning the description, predominantly non-judgmental and factual. Freedom of information finds an active side (right to “communicate”) and a passive side (right to “receive”). As per the wording of Article 20.1. d), the facts must be truthful to merit constitutional protection.
This truth should not be construed as synonymous with accuracy; it is only required that the information conforms to the truth in material respects.
Guarantees of Freedom of Expression
In addition to the characteristic of all fundamental rights, freedom of expression is surrounded by a number of specific guarantees established in the Constitution:
a) Prohibition of Censorship
Article 20.2 EC establishes that “The exercise of these rights shall not be restricted by any form of prior censorship.” LO 4/1981, regarding the state of alert, emergency, and site, provides that the measures can be taken are free of “any prior restraint.”
b) Judicial Seizure of Publications
According to Article 20.5 EC, “Only the seizure of publications, recordings, and other media may be remembered in a court order.” This constitutional provision prevents authorities other than the court from prohibiting the dissemination of opinions or information.
c) Right of Rectification
The right of rectification is not expressly contemplated by the EC but was introduced by the legislator through organic law (LO 2/1984, Law governing the right of rectification). By this right, one may be required to publish certain corrections on reports in a media outlet.
d) Pluralism
Article 20, paragraph 3 of the EC guarantees legislative authorities’ pluralism within the media of public ownership. This Article states that: “The law shall regulate the organization and parliamentary control of the media dependent on the state or any public entity and ensure access to the media of the significant social and political groups, respecting the pluralism of society and the various languages of Spain.”
e) Conscience Clause and Professional Secrecy
Article 20.1. d) EC specifies “[…] regulated by law that the clause of conscience and professional secrecy in the exercise of these rights.” The conscience clause is defined as the faculty for the information professional to refuse jobs that do not conflict with their code of ethics. It involves a guarantee of their professional independence against the employer.
Limits of Freedom of Expression
According to Article 20.4 EC, “These freedoms are limited in respect of the rights recognized in this Part, the provisions of laws developing, and especially the right to honor, privacy, self-image, and protection of youth and children.”