Freedom of the press or freedom of expression have become basic points of democratic development in modern societies. The Spanish Constitution of 1812 already enshrined this right: "All Spaniards are free to write, print and publish their political ideas without the need for any licence, revision or approval prior to publication, subject to the restrictions and responsibility established by law".
While everything that is published, except that which directly incurs crimes such as slander and libel, must be defended according to the principles of freedom of the press, not everything that is published is journalism. The exercise of journalism is distinguished not only by freedom, but also by a civil morality, a sense of responsibility that has not always reigned in the media.
The Spanish Constitution, in force since 1978, makes it clear that freedom of expression is one of the basic points of our legal system, as stated in article 20:
1. Rights are recognised and protected:
a) To freely express and disseminate thoughts, ideas and opinions by word, writing or any other means of production.
b) To literary, artistic, scientific and technical production and creation.
c) To academic freedom.
d) To freely communicate or obtain truthful information by any means of dissemination. The law shall regulate the right to a clause of conscience and professional secrecy in the exercise of these freedoms.
2. The exercise of these rights may not be limited by any form of prior censorship.
3. The law shall regulate the organisation and parliamentary control of the mass media dependent on the State or any public entity and shall guarantee access to these services for significant social and political groups, respecting the pluralism of society and the different languages of Spain.
4. These freedoms shall be limited in respect for the rights recognised in this Title, in the precepts of the laws implementing it and, in particular, in the right to honour, privacy, personal image and the protection of minors and children.
5. The seizure of any publication, recordings and other means of information may only be ordered by virtue of a judicial decision.
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