In Spain, despite an overall positive assessment of media freedom from the European Commission in its latest rule of law report, a problematic decade-old law still hinders journalists’ ability to perform their work duties.
In July, Prime Minister Pedro Sánchez announced his intention to pass a “democratic regeneration” reforms package, intended to enhance the national media landscape. Critically, these reforms fail to address the urgent need to repeal the infamous Citizen Security law, nicknamed the “Gag Law” by its critics since before its passing. This law, problematic in many aspects, continues to be a significant barrier to press freedom and must be repealed – not merely modified.
A decade of muzzled journalism in Spain
The so-called Ley Mordaza (“Gag Law”), formally known as the Organic Law 4/2015 on Citizen Security, was passed by the conservative Popular Party (PP) despite widespread opposition. The law grants extensive powers to law enforcement and imposes high fines for a range of acts, including resisting or disrespecting authorities, refusing to identify oneself to the authorities, and the unauthorized dissemination of images of police officers during operations.
From the outset, press freedom and free expression groups have criticised the law’s vague language for fear that its provisions could be used to target journalists, especially during the coverage of public protests or acts of civil disobedience. These fears have been borne out in practice, with numerous journalists fined, in particular photojournalists in relation to publishing images of police officers as part of their journalistic work, and creating a chilling effect.
Notable cases include El País photojournalist Albert García, who faced a prison sentence, then a fine, before being ultimately acquitted in November 2021. Overall, over the past decade, the Ley Mordaza has reportedly resulted in a total of nearly 300,000 sanctions.
Despite attempts at reforms, disagreements on key aspects of the law have prevented further discussion in Parliament. The Spanish Constitutional Court also upheld most of the law in 2021, except for a modification to Article 36.23 regarding the unauthorized use of police officers’ images – which since then is no longer a “grave” infraction.
Why new proposals miss the mark
The new proposed amendment by ruling parties PSOE and Sumar requires that the disseminated images present a “verifiable” risk to State security forces, which has to be detailed in a police report. While the government’s planned modification suggests that “the mere taking of images in public places and demonstrations, or their mere dissemination, will not constitute an infraction”, this reform is insufficient.
While this reform is a step in the right direction, the law continues to include overly broad provisions that can interfere with journalists’ ability to freely cover events in the public interest. This is particularly concerning as the Ley Mordaza enforces a disproportionate sanctioning system, which risks discouraging the exercise of fundamental rights such as freedom of expression and media freedom, protected by the Spanish Constitution.
The repeal of the “Gag Law” has been a long-time promise of Sánchez’s government, which is now time to enact. The MFRR members urge the Spanish government to fully repeal the Ley Mordaza to align its legislation with international standards.
The bill conflicts with Spain’s commitments to human rights and press freedom as a member of the European Union. Our consortium stresses that only a complete repeal will ensure that the law does not continue to undermine the essential role of the press in a democratic society, as it has been for almost a decade.
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