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Spain, National chapter

Journalists Matter, Council of Europe Campaign for the Safety of Journalists

The Council of Europe encourages member states to transpose the Campaign to the national context. Without each member’s committed and effective effort at national level, through the development of the so-called ‘national chapter’, the Campaign cannot reach its goals.

In this section, we will present developments in Spain:

National Focal Point

Mr Daniel JUSDADO BARRIO, Deputy Permanent Representative of Spain to the Council of Europe 

National Campaign Committee

Spain has instituted a periodic meeting between the Ministry of Interior, the Federation of Spanish Journalists’ Associations, and the National Association of Press and Television Graphic Informers. These gatherings provide a structured forum for discussing potential measures to support the execution of the Campaign for the Safety of Journalists, particularly focusing on the physical protection of journalists.

The country is contemplating the establishment of a broader mechanism: a National Committee for the Campaign for the Safety of Journalists. This committee would include representatives from the Secretary of State for Communication, the Secretary of State for Security, the Secretary of State for Justice, and the Secretary of State for the EU.

Additionally, it is deemed beneficial for representatives from journalists' associations, such as the Federation of Spanish Journalists' Associations, to be included in this committee alongside other civil society actors.

The Ministry of the Interior of Spain, within its mandate concerning citizen security, is entrusted with safeguarding the unrestricted exercise of individuals' rights and freedoms. Among these, the rights to information and freedom of expression are fundamental pillars for the full exercise of liberties within a democratic society.

In Spain, Judicial Police officers are mandated by law to report to the judicial authority or the representative of the Public Prosecutor's Office upon knowledge of a public crime or when required to prevent the investigation of a private crime, irrespective of the victim's occupation. The Judicial Police take necessary measures to apprehend the perpetrators and bring them before the judicial authority.

Furthermore, the Ministry of the Interior acknowledges the vital role of the media and its professionals in fostering public freedoms. In alignment with this recognition, on 11th December 2020, the Ministry signed a collaboration agreement with the Federation of Spanish Journalists' Associations and the National Association of Press and Television Graphic Informers, the majority stakeholders in the sector. This agreement, which updates a previous one signed on 17th March 2011, harnesses technological advancements to establish more flexible collaboration systems. Its primary objective is to facilitate the work of media professionals belonging to these organizations, particularly during events or in locations where situations of risk or conflict may arise.

Finally, it is worth noting that the Plenary of the Constitutional Court, through judgment number 172 dated 19th November 2020, upheld the constitutionality of Organic Law 4/2015, of 30th March, on the protection of citizen security, while declaring the "unauthorized" clause of article 36.23 null and void. This clause, which categorized the unauthorized use of images or personal/professional data of authorities or members of the Security Forces and Corps as a serious offense, was deemed unconstitutional. The judgment highlighted that such prior censorship, prohibited by Article 20.2 of the Spanish Constitution, would occur if the dissemination of images or data required prior approval from public authorities, effectively limiting freedom of expression.

In summary, the Kingdom of Spain, particularly the Ministry of the Interior, is dedicated to ensuring the protection and freedom of journalists, both physically and in terms of subjective liberties, in accordance with national and international standards of rights and freedoms.