Law Write For Us Between today and tomorrow, the Senate [see update*] will approve a set of legal reforms that pose a thoughtful threat to the freedom of information and expression of journalists and social movements, in the opinion of the Platform in Defense of Information Freedom ( PDLI). This view is shared by experts from the United Nations, NGOs such as Cáritas or Amnesty International, groups of lawyers, and almost all opposition parties.
1. WHAT ARE THE “GAG LAWS”?
The name “Gag Law” began to designate the draft Organic Law for the Protection of Citizen Security due to its impact on freedom of look and the right to protest.
However, this is not the only law in progress and about to be approved that cuts these rights and freedoms. So do the two reforms to the Penal Code that are currently being processed: one has been euphemistically called the “anti-terrorist pact or anti-jihadist pact,” and the other is the reform initiated by former minister Gallardón.
In addition, other legal projects are underway that affect freedom of expression and information, such as the Criminal Process Law and the Judiciary Reform Law.
2. WHEN ARE THEY GOING TO BE APPROVED AND START TO BE APPLIED?
The Citizen Security Law and the two reforms of the Penal Code are voted on in the Senate’s plenary session this week (between March 11 and 12). From there, they go to Congress, but only to be ratified (there is no more extended room for any modification), foreseeably in a plenary session on March 26.
According to an amendment introduced in the Senate, both the Penal Code Reform and the Citizen Security Law will enter into force on July 1, 2015, except for the first final provision referring to “hot returns” in Ceuta and Melilla, which will be valid the day after its publication in the Official State Gazette.
The new Criminal Procedure Law, now in the draft phase, will soon be approved by the government to begin its parliamentary process [see update].
3. ARE LAWS NECESSARY?
Statistics reveal that no increase in crime rates justifies these reforms; however, the number of crimes has decreased. In addition, Spain has one of the lowest crime rates in the European Union, well below countries like Sweden, England, Germany, the Netherlands, and France.
As for terrorism, it seems more like an excuse, as the PDLI has already denounced the Charlie Hebdo case to curtail freedoms.
In addition, groups of jurists and magistrates have demonstrated these days, stating that these laws “will not determine greater security.”
On the other hand, the CIS surveys show that security is not among the priority concerns of Spaniards, contrary to other issues, such as corruption, insufficiently addressed in the new laws.
4. WHO IS AFFECTED?
To all because they are an unprecedented cut and change in our system of rights and fundamental freedoms.
Although it may seem that these rules only apply to activists or journalists, anyone who expresses an opinion (on the street or online), participates in a demonstration or seeks certain information can be criminalized.
And, by extension, rights that depend on society remaining active and informed will also be affected.
5. DO THEY REDUCE OR VIOLATE FUNDAMENTAL RIGHTS? AS?
These norms threaten or criminalize the right to inform and be informed freedom of expression, and the right to demonstrate and protest. Also, being poor or immigrant. NGOs and social groups of all kinds (such as Cáritas, Greenpeace, Amnesty International, the PAH, SOS Racismo, or the PDLI) argued it with specific cases in this video in which they responded to the interior minister, who, in statements to television, affirmed that there was no violation of rights in these regulations.
6. SO, HAS THE UN SAID ANYTHING ABOUT THESE LAWS?
On February 23, the UN reported that several Singular Rapporteurs of the United Nations Human Rights Council have addressed Spain, showing their frontal rejection of the Bill for the Protection of Citizen Security and the reforms of the Penal Code for which limitations on freedom of expression and assembly, as well as in matters of anti-terrorist crimes.
Coinciding with what the PDLI has been denouncing, the Rapporteurs warn, among other criticisms, that “as drafted, the anti-terrorism law could criminalize conduct that would not constitute terrorism and could result, among other things, in disproportionate restrictions on the exercise of freedom of expression.”. And they add: “The bill could also allow abuse of controls and withdrawal of information available on the Internet.”
7. HOW DO THEY AFFECT FREEDOM OF INFORMATION, AND WHAT WILL BE THEIR CONSEQUENCES FOR JOURNALISM?
In recent months, the PDLI has published various documents listing the specific threats to freedom of expression and information, both for journalists and activists and social movements, which contain these regulations. It is striking that a big part of these novelties is aimed at sanctioning or penalizing the new forms of dissemination and organization of protests, such as the Internet and social networks. Another common element is many articles’ ambiguous and vague wording, leaving a dangerous margin for almost anyone to be accused.
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