Spain and freedom of expression

The Council of Europe has called on the Spanish government to amend its Criminal Code in order to safeguard the right to freedom of expression. Spain’s approach towards freedom of expression has been questioned in the past few years. The Council of Europe expressed its concerns over the growing number of criminal convictions in recent years resulting from unclear provisions within the Spanish Criminal Code, including the provision on the glorification of terrorism, hate crime and defamation of state’s institutions (the Crown). 

Notoriously the case of Pablo Hasél, an hip hop artist, who was sentenced to prison for allegedly glorifying terrorim. This conviction led to international criticisms as it highlighted the ambiguity surrounding certain provisions within the Spanish criminal code and the risks that such ambiguity could allow judges to strip away rights under the guise of defending them. 

In the reply letter from the Ministry of Justice of Spain to the Council of Europe, the Spanish government acknowledged the need for a more restrictive interpretation of certain offences considered threats to freedom of expression. Despite reiterating the challenge in establishing such interpretation, the government made a commitment to “review, and where appropriate, reform” the Spanish approach towards offences to freedom of expression.

Data Source: 

https://www.coe.int/en/web/portal/-/spanish-authorities-should-amend-the-criminal-code-to-st rengthen-existing-safeguards-of-the-right-to-freedom-of-expression 

https://rm.coe.int/reply-of-mr-juan-carlos-campo-minister-of-justice-of-spain-to-the-lett/1680 a1d554 

Data Picture Source (same as first link): 

https://www.coe.int/en/web/portal/-/spanish-authorities-should-amend-the-criminal-code-to-st rengthen-existing-safeguards-of-the-right-to-freedom-of-expression