Bill proposes repealing crimes that limit freedom of expression

Automatic summary, not yet reviewed

1. The bill would remove from the Criminal Code the crime against religious feelings or public scorn, Article 525. According to the text, criticism of religions through mockery or satire is protected by freedom of expression, while incitement to religious hatred would remain punishable under Article 510.
2. It would repeal the crimes against the Crown, in Articles 490.3 and 491, that is, insults to the King. The text relies on rulings by the European Court of Human Rights that convicted Spain for violating freedom of expression in cases involving criticism of the monarchy.
3. It would remove Article 543, which punishes offenses or insults against Spain, its Autonomous Communities or their symbols, such as the flag or the anthem. The text argues that silencing the anthem in a stadium is a legitimate expression, not a crime.
4. It would repeal Article 504, which punished insults to the Government, to judicial bodies and to the Security Forces, among other institutions. The text argues that institutions must be open to criticism from citizens.
5. It would remove Article 578, the crime of glorifying terrorism. The text considers it a poorly defined opinion crime that creates legal uncertainty and self-censorship, and notes that other crimes already exist to punish direct provocation of terrorist offenses.
6. It would protect freedom of expression against abuse by authorities: it creates a new Article 536 bis punishing the identification of people in order to monitor their participation in political, union or religious activities, and adds to Article 538 a penalty for anyone who prevents the right to freedom of expression. It also amends aggravating circumstance 4 of Article 22 to expressly include victims of terrorism among the protected groups.

Who it affects

• People who criticize institutions, religions or national symbols: They could no longer be convicted for the crimes the bill would repeal, if it is passed.
• Victims of terrorism: The bill adds their express protection to the aggravating circumstance in Article 22 of the Criminal Code.
• Authorities and public officials: They could face disqualification and fines if they identify people to monitor their political activity or if they prevent freedom of expression.
• Artists, Twitter users and rappers: According to the text, they would no longer face the crime of glorifying terrorism for their messages or works.

Words worth knowing

Proposición de ley

A bill introduced by a parliamentary group so it can become law. It is not an approved law until the whole process is finished.

Ley Orgánica (organic law)

A type of law reserved for major matters, such as fundamental rights or reform of the Criminal Code. It needs more votes to pass than an ordinary law.

Derogar (to repeal)

To remove a rule or part of it, so it no longer applies.

Tipo penal (criminal offense definition)

The description of conduct that is a crime and the penalty it carries.

Inhabilitación especial (special disqualification)

A penalty that bars a person from holding a public job or office for a period of time.

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