 | This article needs additional citations for verification .(February 2018) |
 |
The freedom of the press in Spain, a constitutional monarchy with a parliamentary democracy, is guaranteed in section 20 of its constitution written in 1978, after the 1975 end of the dictatorship of General Francisco Franco. Spain was ranked at 29th place in the World Press Freedom Index in 2017.
The Spanish Constitution, during its national referendum on December 6 of 1978, guaranteed the freedom of press in section 20 by stating the following:
These changes contrast with General Franco's Fuero established in 1945, that restrained many fundamental human rights.
Section 149 of the constitution of Spain states that the state shall have exclusive competence over the following matters: "Basic rules relating to organization of the press, radio and television and, in general, all mass-communications media without prejudice to powers vested in the Self-governing Communities for their development and implementation." [1]
Legal Environment in Freedom of the Press
As freedom of expression is guaranteed in section 20 of the constitution, the freedom of the press must be respected and put in practice.
Since 2012 freedom of the press has suffered of effects because of the European economic crisis. The country created a campaign named “Right to be Forgotten” against Google in 2011, ordering Google to remove 90 articles from citizens who wanted their old information to be deleted. [2] This case was taken to the Court of Justice and it is still pending.
In March 2012, the government began to enforce the Sinde Law, a new measure that allows for blocking websites containing copyrighted content. The authorities have to do a lot with controlling what is revealed. [2] They monitor websites and social network accounts.
November 2014 was a time of change, a new Intellectual Property Act was reinforced to the blockage of websites. The law established a Google Tax, a system of a mandatory economic charges that apply to the news aggregators in order to compensate producers. [2]
Political Environment in Freedom of the Press
From a political aspect in the freedom of the press in Spain, journalists and other observers alleged that there is a growing government influence. [2] The Corporación Radio Televisión Española oversees the public media, creating journalists and observers to see the influence of the government.
By the end of 2014 and beginning of 2015, a change of the body's leadership in the aspect of the freedom to express in Spain happened. These changes were interpreted by the critics as a sign of an increase in the government control. Journalists claimed that a self-censorship in the general aspect had risen, due to the political pressure and the threat of the layoffs; because of the ongoing economic crisis. [2]
Economic Environment in Freedom of the Press
The economic crisis that Spain has suffered, affected the country's media industry. According to the Madrid Press Association, between 2008 and 2015, 386 media outlets had to close because they couldn't stand anymore; [2] they had to cut journalists and press members which led to a decline in jobs. Having underpaid or unpaid freelancers used as journalists have led to a lost in journalism's prestige. [2]
Due to this problem, independent editors had to urged for lawmakers to address the issue to the New Transparency Act, but the changes were not made. The media set of Spain controls 70% of the private television network, which is a diverse media sector of public and private outlets, that still lack of a regulatory framework. [2]
Censorship is the power that is exercised by the government to prohibit the publishing of any news, book, movie or document that can attempt against the state.
The main objective behind will always be to limit, control the freedom of expression especially in those cases where the opinion given goes against the government's ideas.
Therefore, censorship is one of the most used resources by governments who have a form of ruling very close to a dictatorship just like General Francisco Franco's government. Consequently, everything related to journalism and the different forms of expression art will be the target of this type of governments as it was back in 1938–1973.
Established in 1966, the Printing and Press law, also known as Franco's Press Law and the Fraga Law claimed to diminish the restrictions on press. However, newspapers were still censored, and by 1988 the 1966 law had not been replaced by a law granting true freedom to the Spanish press.
The problem of freedom of press continues to experience a negative impact on the country's ongoing economic and financial crisis, leading to a decline in the media diversity. The lack of access to information is one of the greatest barriers to a press that must aspire to represent many interests of the Spanish citizens. [3]
Most journalists in Spain who deal with agencies have had their war stories trying to grab basic facts about subjects that are important to the Spanish population. Due to the lack of freedom of press in the country, the most distrusted professions have to due with politics, judiciary and journalism works. [4]
The most traditional media rely on economic and financial groups that control and influence many politicians and the media itself. The media ownerships is very dense and obscure, since the influence of economical and financial aspects are put on trial; [4] creating a pattern of the public money spent on advertising.
A report made by the Madrid Press Association found out that 77% of the journalists rated their independence as poor or very poor. While 56% had been pressured to modified and make new stories.
Javier Sierra examines the history of media freedom and the freedom of information in the country. He identifies that one of the major obstacles to have an independent journalism is the lack of freedom of press. He emphasizes a huge need for a legal reform with international standards.
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through a constitution or other legal protection and security. It is in opposition to paid press, where communities, police organizations, and governments are paid for their copyrights.
Censorship in South Korea is implemented by various laws that were included in the constitution as well as acts passed by the National Assembly over the decades since 1948. These include the National Security Act, whereby the government may limit the expression of ideas that it perceives "praise or incite the activities of anti-state individuals or groups". Censorship was particularly severe during the country's authoritarian era, with freedom of expression being non-existent, which lasted from 1948 to 1993.
Censorship in Myanmar results from government policies in controlling and regulating certain information, particularly on religious, ethnic, political, and moral grounds.
The mass media in Armenia refers to mass media outlets based in Armenia. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. Armenia's press freedoms improved considerably following the 2018 Velvet Revolution.
The mass media of Bosnia and Herzegovina refers to mass media outlets based in Bosnia and Herzegovina (BiH). Television, radio, magazines and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Bosnia and Herzegovina guarantees freedom of speech, although political and business pressures - coupled with administrative fragmentation - still hinder the independence of journalists and media outlets.
Television, magazines, and newspapers in Bulgaria are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Bulgaria guarantees freedom of speech. As a country in transition, Bulgaria's media system is under transformation.
The mass media in Croatia refers to mass media outlets based in Croatia. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Croatia guarantees freedom of speech and Croatia ranked 63rd in the 2016 Press Freedom Index report compiled by Reporters Without Borders, falling by 5 places compared to the 2015 Index.
The mass media in Greece refers to mass media outlets based in the Hellenic Republic. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Greece guarantees freedom of speech.
The mass media in North Macedonia refers to mass media outlets based in North Macedonia. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of North Macedonia guarantees freedom of the press and of expression, yet they are not upheld impartially by the authorities. As a country in transition, North Macedonia's media system is under transformation.
The mass media in Montenegro refers to mass media outlets based in Montenegro. Television, magazines, and newspapers are all operated by both state-owned and for-profit corporations which depend on advertising, subscription, and other sales-related revenues. The Constitution of Montenegro guarantees freedom of speech. As a country in transition, Montenegro's media system is under transformation.
The mass media in Serbia refers to mass media outlets based in Serbia. Both state-owned and for-profit corporations operate television, magazines, and newspapers, which depend on advertising, subscription, and other sales-related revenues. The Constitution of Serbia guarantees freedom of speech.
Mass media regulations or simply media regulations are a form of media policy with rules enforced by the jurisdiction of law. Guidelines for mass media use differ across the world. This regulation, via law, rules or procedures, can have various goals, for example intervention to protect a stated "public interest", or encouraging competition and an effective media market, or establishing common technical standards. The principal targets of mass media regulation are the press, radio and television, but may also include film, recorded music, cable, satellite, storage and distribution technology, the internet, mobile phones etc. It includes the regulation of independent media.
The mass media in Kosovo consists of different kinds of communicative media such as radio, television, newspapers, and internet web sites. Most of the media survive from advertising and subscriptions.
In the Philippines, censorship involves the control of certain information.
In Nigeria, the freedom of expression is protected by section 39 (1) of the Federal Republic of Nigeria constitution. Despite this constitutional protection, the Nigerian media was controlled by the government throughout much of its history, with some even to this day. By 2020, however, over 100 newspapers in Nigeria were independent. Furthermore, there was a brief moment from 1979 to 1983 when the government of the Second Nigerian Republic handed over the task of censorship to the military. Nigerian censors typically target certain kinds of idea, such as ethnic discussion, political opposition, and morality incorrectness.
Censorship in Mexico includes all types of suppression of free speech in Mexico. This includes all efforts to destroy or obscure information and access to it spanning from the nation's colonial Spanish roots to the present. In 2016, Reporters Without Borders ranked Mexico 149 out of 180 in the World Press Freedom Index, declaring Mexico to be “the world's most dangerous country for journalists.” Additionally, in 2010 the Committee to Protect Journalists (CPJ) reported that Mexico was "one of the worst nations in solving crimes against journalists." Under the current Mexican Constitution, both freedom of information and expression are to be protected under the legislation from Article 6, which states that "the expression of ideas shall not be subject to any judicial or administrative investigation, unless it offends good morals, infringes the rights of others, incites to crime, or disturbs the public order," and Article 7 which guarantees that "freedom of writing and publishing writings on any subject is inviolable. No law or authority may establish censorship, require bonds from authors or printers, or restrict the freedom of printing, which shall be limited only by the respect due to private life, morals, and public peace." Mexico is currently a signatory to the International Covenant on Civil and Political Rights which gives them the responsibility to uphold these established laws regarding freedom of expression.
Censorship in Nepal consists of suppression on the expression of political opinion, religious aspect, and obscenity. The Constitution of Nepal guarantees the fundamental rights of citizens, including the freedom of expression. The right to freedom of expression includes the freedom of opinion and thought no matter what a source is. As the Constitution has been developed to push forward democracy, inconsistencies of the Constitution reform create different meanings of prohibiting censorship. The 2004, 2009, and 2015 Constitution are infamous with the restrictions of the rights which are obscure and open for misinterpretation compared to the Constitution announced in 1990.
Freedom of the press in Bhutan is an ongoing social and political controversy in the country of Bhutan, particularly prior to the introduction of multiparty democracy in the country. Bhutanese journalists are reported to have limited access to the right to the freedom of the press, which may be in contravention of Bhutan's 2008 Constitution.
OKO.press is a Polish investigative journalism website created on 15 June 2016. The name is a word play on oko, Polish for eye, and an abbreviation for "Ośrodek Kontroli Obywatelskiej".
Censorship in Equatorial Guinea refers to the systematic control and suppression of freedom of speech, expression, and access to information by the government. The censorship in Equatorial Guinea has been a subject of scrutiny by international human rights organizations, which have repeatedly criticized the regime for stifling press freedom and limiting public discourse.