The bill introduced by Unidas Podemos on the 19th of February 2021 and the freedom of expression in current Spain

Abstract

In this work we aim to offer a current vision upon the freedom of expression in Spain through the Bill of Organic Law to amend Organic Law 10/1995, of November, the 23th, on the Criminal

Recibido:     09/07/2021 Revisado:13/07/2021 Aceptado: 29/07/2021 Publicado:15/09/2021

Code, for the Protection of Freedom of Expression introduced by the Confederal Parliamentary Group of Unidas Podemos-En Comú Podem-Galicia en Comú, on February the 19^th, 2021.

Despite the fact that the bill has passed unnoticed, due to the context of a global pandemic, said bill includes a series of changes supported by a multitude of organizations: from the European Court of Human Rights, the UNO and the Council of Europe to Amnesty International. Among the aforementioned changes is the suppression of articles 490.3, 491, 504, 525 and 543 of the Criminal Code.

The bill has been presented in a tumultuous year when it comes to freedom of expression, reaching its climax with the imprisonment of artist Pablo Hasél. A case that finds its precedents in other cases such as that of Otegi Mondragón, the “rebellious chumino”, the “insubordinate pussy” or the magazine El Jueves. For this reason, it becomes necessary to analyze and minimally echo some changes that, despite being criticized because of the interests behind their drafting, are crucial to achieve the ideal pursued of a democratic state of law that guarantees the freedom of expression.