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Spain

Regulations for truthful information (ES0133)

Overview

At-a-Glance

Action Plan: Spain Action Plan 2025-2029

Action Plan Cycle: 2025

Status:

Institutions

Lead Institution: Min of Presidency, Justice and the Courts

Support Institution(s):

Policy Areas

Civic Space, Freedom of Expression, Legislation, Media & Telecommunications

IRM Review

IRM Report: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Pending IRM Review

Relevant to OGP Values: Pending IRM Review

Ambition (see definition): Pending IRM Review

Implementation i

Completion: Pending IRM Review

Description

7.1.1. Journalists' Professional Secrecy Act

Brief description

To draft a Law on Professional Secrecy for Journalists that guarantees the protection of editorial independence in a secure media environment, especially for those who provide news and content on current affairs.

Objectives

Establishment of greater guarantees of media independence by legally ensuring the exercise of the activity of media service providers and their professional integrity. Guarantee the protection of sources. Journalists, including those working in atypical forms of employment, such as freelancers, must be able to count on solid protection for journalistic sources and confidential communications, including protection against undue interference a n d the use of surveillance technologies. Establishment of greater guarantees of media independence.

7.1.2. Reform of the Law on Advertising and Institutional Communication

Brief description

The initiative to reform Law 29/2005 on Advertising and Institutional Communication aims to update and strengthen the principles governing institutional advertising in Spain, ensuring its public utility, transparency, professionalism and institutional loyalty. This reform seeks to adapt to current challenges and correct discretionary practices that have affected the effectiveness and fairness of campaign distribution. The reform proposes updating the criteria established in Law 29/2005 to ensure a more equitable and transparent distribution of advertising campaigns. This includes:
• The annual preparation of an Institutional Advertising and Communication Plan, approved by the Council of Ministers, detailing objectives, costs, tools and target audiences.
• The incorporation of specific measures to ensure universal accessibility in all campaigns from 2024 onwards.
• The enabling of prior control instruments to prevent opaque or discretionary practices in advertising procurement and dissemination.
• This initiative responds to social demands to ensure that institutional advertising is an effective tool serving the public interest, strengthening democratic values and improving the relationship between citizens and the administration.

Objectives

Strengthen transparency:
• Ensure that institutional campaigns are accessible and clear to citizens.
• Implement mechanisms that allow for knowledge of all advertising activities planned and executed by public administrations.

Promote professionalisation:
• Ensure that the planning, execution, and evaluation of campaigns are carried out according to technical and non-partisan criteria.
• Avoid the discretionary use of public resources to favour specific political or media interests.

Promote plurality of information:
• Protect citizens' right to receive accurate and diverse information.
• Promote equitable access for independent media to institutional campaigns.

Guarantee institutional loyalty:
• Prevent campaigns from undermining or hindering the public policies of other administrations.
• Ensure that campaigns serve the interests of citizens and not the government promoting them."

7.1.3. Anti-SLAPP (Strategic Lawsuits Against Public Participation) Regulations

Brief description

Transposition of the anti-SLAPP Directive for the protection of journalists from external harassment.

Objectives

Transpose the Anti-SLAPP Directive within the established deadline, adapting the Spanish legal system to the new European tool, which will result in greater guarantees of media independence, avoiding political and business pressure on information professionals."


Commitments