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What it is

Bill to protect journalists from revealing their sources

Committee step 4 of 7 · Unfinished

It is a government bill. Introduced by the Government. It was introduced on 14 December 2022. Introduced by: Ponencia del Proyecto de Ley reguladora de la protección de las personas que informen sobre infracciones normativas y de lucha contra la corrupción.

Official title: Government bill for an Organic Law on the protection of professional secrecy in journalism.

Follow this law

Source: Congreso de los Diputados, file 121/000135· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would provide that no journalist can be prosecuted for protecting the identity of their sources. Professional secrecy would be both a right and a duty.
  2. It defines what counts as a source, a journalist and a media outlet. Protection would cover the source's identity, the communication, its content and any other data that could identify the source.
  3. Only a criminal court, through an express order and after weighing proportionality, could lift the secrecy. Only in two cases: when the source knowingly made up the information, or when revealing it is the only way to prevent serious and imminent harm to life, physical integrity or safety. Seizing journalists' work tools would be ruled out in any case.
  4. A media outlet's editor who knows the source would have the same protection as the journalist. And any authority that learns a source's identity would have to act in the way least harmful to professional secrecy.

Who it affects

  • Journalists: They would have the right and the duty to protect their sources' identity, and could not be prosecuted for it.
  • Media outlet editors: If they know the source, they would have the same duty and protection as journalists.
  • People who give information to the press: Their identity would be protected, except for the court exceptions in Artículo 6.
  • Judges and authorities: They could lift the secrecy only with a court order in very limited cases, and always acting in the least harmful way.

Words worth knowing

Ley orgánica (organic law)
A stricter type of Spanish law, reserved for major matters such as fundamental rights; it needs a special majority to pass.
Cláusula de conciencia (conscience clause)
A constitutional right mentioned alongside professional secrecy that Article 20 of the Constitution also asks the law to regulate.
Requisación (seizure)
When an authority takes possession of objects or documents, here the journalist's work tools.
Jurisdicción penal (criminal jurisdiction)
The branch of the courts that tries crimes.
Proporcionalidad (proportionality)
Checking whether a measure is necessary and does not go beyond what is essential.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 4 of 7 steps. It reached Committee, and today it is unfinished.

  1. Introduced14 December 2022Someone registers the text in the Congreso.
  2. Admitted14 December 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committee14 December 2022A committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 5 official steps on a timeline
Dec 2022Mar 202311. 14 December 2022: Presentación22. 14 December 2022: Calificación33. 14 December 2022: Mesa del Congreso Calificación por Mesa sin reunión desde 14/12/2022 hasta 14/12/202244. 14 December 2022: Comisión de Justicia Informe desde 14/12/2022 hasta 30/05/202355. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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