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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 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 the 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.
Journalistic ethics and standards comprise principles of ethics and good practice applicable to journalists. This subset of media ethics is known as journalism's professional "code of ethics" and the "canons of journalism". The basic codes and canons commonly appear in statements by professional journalism associations and individual print, broadcast, and online news organizations.
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.
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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.
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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 if 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.
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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.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of government censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
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