The Spanish Council of Ministers approved the draft bill for the new Digital Services and Media Law on Tuesday, February 25, coinciding with the first anniversary of the ‘Begoña case‘ (an ad hoc law by the Spanish Socialist Workers’ Party (PSOE) aimed at preventing party relatives from being prosecuted).
The government claims this proposed law is necessary to align Spain’s legal system with European regulations. However, this new bill falls within the framework of the Media Freedom Act of the European Union, a regulation that, under the guise of strengthening media pluralism, grants state and EU institutions more extraordinary tools to supervise and regulate the media. Far from guaranteeing journalistic independence, it opens the door to state intervention and possible restrictions on press freedom.
The Spanish government has spent the past year attacking critical media, labeling them as ‘fascists’ or distributors of fake news. The attacks began as soon as investigations opened against the wife and inner circle of Prime Minister Pedro Sánchez over alleged public funds corruption during the COVID pandemic lockdowns. This law would provide legal backing to heavy-handed attacks on uncontrolled media.
The draft bill will create a state media registry managed by the National Commission on Markets and Competition (CNMC), an organization whose leadership has been appointed by the current government. The observer observes itself.
This registry will require media outlets to disclose their ownership, private funding sources, and income from state advertising. Additionally, the bill grants the CNMC powers to conduct inspections, impose fines of up to €600,000, and temporarily suspend the activities of any outlets that violate its terms.
While the government argues that this control will strengthen media independence, it could become a tool for institutionalized censorship. In its purported mission to combat disinformation, the Media Freedom Act may instead serve as a means to enforce one dominant viewpoint, reducing media diversity and limiting citizens’ access to information.
Threats to free journalism in Europe
The draft bill distinguishes between different types of service providers, including digital platforms, search engines, and traditional media. The latter will be subjected to a sanctioning regime that varies depending on the type of offense, allowing the minister in charge to decide on suspending activities for those considered violators.
The essence of journalism lies in its independence and ability to question power. Introducing regulations such as the Media Freedom Act and the new Digital Services Law in Spain pose a real threat to press freedom, allowing governments to interfere with media content and funding.
Rather than ensuring pluralism, these regulations could mean only one viewpoint is allowed, restricting access to diverse information and favoring only those media outlets aligned with political power. The risk of censorship endangers journalistic work and undermines citizens’ fundamental right to receive truthful and balanced information.
This scandal is even more remarkable in light of recent revelations about how the European Commission has spent billions of euros funding sympathetic associations and NGOs in order to impose its version of reality on all member states and citizens under the false guise of impartiality.
