The Gag law under socialist rule

The Spanish Organic Law for the Protection of Public Security – also known as Ley Mordaza (or Gag Law in english) – has now been in force for seven years. The controversial law introduced by the Popular Party (PP), considered by many to be a barrier to freedom of expression, is therefore a barrier to freedom of the press. At the time of its approval, one of its main opponents was the Spanish Socialist Workers’ Party (PSOE). So why is it still in force after more than a year of socialist government?

When the law was given the green light in 2015, the PSOE was one of the first to say ‘no’ to the Gag Law. To this end, it even filed an appeal for unconstitutionality, considering it “a return to the police state” and declaring that “its aim is to punish dissidents, those who protest”, as dictated in the press release that came out the day after its approval. However, over the years and with the PP at the head of the government, the law was consolidated in the Spanish state.

Seven years later, with one of the most progressive governments in Europe, this law is still in force. While it is true that the government is committed to reforming this law, since it has been in power not many steps have been taken in this direction. The latest news on the matter came at the beginning of last summer, when media outlets such as El País reported on the stalemate in the reform due to summary deportation of migrants.

A threat to the freedom of the press

One of the most direct penalties to the press arises from “the unauthorised use of images of personal or professional data of authorities or members of the Security Forces and Corps that could endanger the personal or family safety of the agents”. Among the reforms to the law, one advance in improving press freedom will be to remove the specification of “unauthorised use”, which makes journalistic work very difficult. As El País reports, the Constitutional Court announced that the term introduced a prior unconstitutional censorship.

However, this would not solve cases such as that of journalist Mercè Alcocer, who in 2016 was fined for “disobedience to agents of authority” while covering the Pujol case. The same fate befell journalist Cristina Fallarás when she stepped off the pavement during a protest in 2017. These are just two examples of all the media professionals affected by the Gag Law. This last year, the Llibertat d’Expressió Award 2021 was presented in Valencia to the journalists repressed by the law as a way of protesting that it is still in force.

A half-hearted reform

The above cases show that a superficial reform of the law is not enough. As long as the state security forces continue to protect themselves with a malpractice of this law and benefit over the rest of the citizens, the Gag Law will continue to fail. It is the government’s responsibility to ensure that no citizen is above any other and to protect freedom of expression in the country. In this way, the reform – it is worth remembering that it is still undated – cannot remain just small brushstrokes that reduce the tension between political parties.

Between 2015 and 2018, the Spanish Prime Minister, Pedro Sánchez, advocated the repeal of the law and it is now that he must demonstrate that the welfare of the people comes before his political interests. Spanish citizens deserve a change: the creation of a law that does not violate their rights and does not censor social activism; and the PSOE, as the majority force of the left and leader of the country, should be uncompromising in the face of repressive behaviour such as that permitted by the law.