Spain: ‘Gun’ on the free press

Despite its pre-election pledges, Spain’s socialist government is not lifting the “gag law” for journalists. Well-known photojournalist says he refuses to comply.

Gran Canaria, December 2020: Journalists and photojournalists capture the confrontation between police officers and a gray-haired man wearing a windbreaker and holding a camera. This is Javier Bauluth, the first Spaniard to be honored with the famous “Pulitzer” journalism prize. In the video, Bauluth talks in an intense tone with police officers. One of them grabs him by the arm to pull him away. In the background can be seen a ship carrying out missions to rescue migrants in the Mediterranean. The Spanish photojournalist says he wants to take pictures of the refugees arriving on the island. So he just wants to do his job.

“I want to show the world what’s going on. If I’m not mistaken, this is our mission in this society,” he says characteristically. But in Spain, the controversial “law for the safety of citizens”, the so-called “gag law”, which, among other things, prohibits the publication of photos of police officers in action on the Internet. A year and a half after the fight in Gran Canaria, Bauluth is informed that he has been fined almost €1,000 for breaching the “citizen security law”. “It’s like being ticketed for illegal parking,” he says. “Only I’m not a car, I’m not a machine, I’m a citizen of a democratic country and I claim my rights”.

Pre-election promises that were not kept

The “citizen security law” was introduced by the conservative government of Mariano Rajoy in response to mass protests against austerity and corruption in Spain. The then Minister of the Interior, Jorge Fernandez Dias, argued that this legislation “guarantees freedom and social peace”. Spain’s current prime minister, the socialist Pedro Sanchez, had promised to repeal the gag law. In his pre-election rallies he never tired of repeating that the law should be repealed or at least significantly modified. However, he has so far failed to deliver on his promise. The Sanchez government does not have the necessary majority in Parliament, while relevant talks with the conservative opposition party are falling apart. Recently, the police also took to the streets, demonstrating their opposition to the repeal of the law.

Javier Bauluth’s journalistic mission to Gran Canaria took place at a critical juncture at the end of 2020, as shortly before the Spanish authorities had dismantled a refugee camp on the island, in which thousands of refugees and migrants were living in squalid conditions. “Up to 2,600 people crowded into 3,000 sq.m.” says the Spanish photojournalist. “They were forced to sleep on the floor, without a shower, with little water…”. Bauluth considers it his duty to inform the public about all this. But the gag law does not even allow him to be informed of his alleged offense and the expected fine. In addition, the presumption of innocence seems to be ignored, as the law takes the police’s allegations as true and reverses the burden of proof, asking the journalist to prove that he is innocent.

Tens of thousands in fines

With the gag law, fines have been imposed on thousands of journalists, as well as commentators on social media. If someone posts, for example, a photo of a police car parked in a disabled spot, they are charged with violating the “Citizen Safety Act.” Finally, Javier Bauluth decided to follow the path of civil disobedience. He says he won’t pay the fine. In his interviews, he recalls the pre-election promises of Prime Minister Sanchez. “I claim my rights and I will ignore the law, because I simply have no other option,” says the Spanish photojournalist. “All they can do is freeze my bank account and take the money from there if they find money. Because as we all know, as a freelance journalist nobody gets rich…”

Franka Veltz (ARD) Edited by: Yiannis Papadimitriou

Source: Deutsche Welle