Constitutional Rights to Freedom of Expression

Item 39: Freedom of Expression

In its broadest sense, this right encompasses all of Article 20 and is strictly regulated in Article 20.1 of the Spanish Constitution (CE).

Broad Dimensions of Free Speech

In a broad sense, it is a fundamental right with an objective dimension. It not only guarantees the free expression of ideas but also ensures the existence of a free public opinion, without which a democratic state would not exist (STC 6/1981).

Freedom of expression is one of the primary demands of liberty. Neither the state nor anyone else can interfere with the free expression of ideas, opinions, or information. The only duty of the state is non-intervention; additionally, it is considered a right that requires the state to ensure media pluralism. It is also important because it is a relational right that shapes other rights (such as the rights of assembly and demonstration), as without this right, others could not function.

Strict Interpretation of Article 20.1

In a strict sense, as recognized in Article 20.1, it is the right to express and disseminate ideas or opinions. Such dissemination must be done freely and cannot be restricted or limited; any restrictions would require prior restraint, which is strictly prohibited by the EC.

One can express ideas, opinions, thoughts, and any subjective conception of emotions. Normally, these protections primarily cover opinions rather than facts. These can be expressed through speech, gestures, or any other medium.

Freedom of Information Rights

Article 20.1 recognizes the right to publish and receive information freely.

• Communication Ownership: This right belongs to all citizens, though journalists enjoy certain privileges.
• Contents: This includes not only the dissemination of information but also the freedom to access it without restrictions, except for limits regarding state security.

The object of the right to information is the dissemination of facts. Information must be accurate, provided it has been sufficiently verified by the journalist.

Consequences of a lack of truth: If the information is true, it generally prevails over other rights such as honor, image, or privacy. It should be of public interest; if it is true, it can maintain character prevalence and preference.

The Right to Receive Accurate Information

The Constitutional Court (TC) views this as the other side of the right: the right to receive information freely without restrictions. This is the passive side, though it is not a right of free access to all public documents.

The Conscience Clause in Journalism

This right is established in LO 2/1997, a law intended to regulate the freedom of conscience for journalists facing a turnaround in the ideological environment of their workplace. It is the right of the journalist to terminate their contract and receive compensation at least equal to that of unfair dismissal.

Assumptions for the Conscience Clause

1. A change in the ideological line or the information tendency of the medium in which they work.
2. When a journalist is moved to another company within the same business group, and the nature or line of that company involves a strong break from the journalist's professional guidance.

The journalist should be able to refuse to participate in the development of information that goes against the ethics of communication without facing reprisals, provided the refusal is motivated.