Access to Information

Objectives

The aim of this subject is to initiate the student of the Journalism degree in the study of the legal system, in general, and of the right to information, in particular, so that they come to know critically the legal system of this right, its own legal terminology, its main limits and, especially, the interpretation of the Spanish and European Courts of Justice (ECtHR) in the face of the confrontation between the right to information and other fundamental rights.

Learning outcomes

• Identify the role of journalism in relation to society, human rights and social or personal diversity in the different dimensions, in a local, national and global context.
• Interpret relevant data to properly base judgments or arguments derived from a reflection on socio-economic, political, cultural or scientific matters, taking into account linguistic, social and gender diversity.
• Operate with individual responsibility and with a commitment to democratic values, sustainability and universal design, based on practices based on learning, public service and social inclusion.
• Apply professional ethics, deontology and the legal framework of journalism to decision-making in complex situations, both in an academic and professional context, while respecting linguistic, social, cultural and gender diversity.

Content

1. The right to information and the democratic state
   1. Introduction to the world of law. Social and democratic state of law. Legal rules and other rules
   2. The Spanish constitution of 1978 (CE) and the recognition of fundamental rights
   3. The guarantees of fundamental rights in the EC. The division of powers, the structure of the judiciary in Spain and the jurisdictional protection of rights
2. The right to information and its recognition in the EC
   1. Right to information versus freedom of expression. Special analysis of Article 20 of the EC and the relevant jurisprudence
   2. Historical background of the right to information. Special reference to the press law of 1966
   3. Ownership of the right to information: citizens and journalists. The legal status of the subjects of the information
3. True and relevant information
   1. Veracity as a constitutional requirement. Honesty and professional diligence. The thesis of neutral reporting in the doctrine of the Constitutional Court
   2. Material error versus untruthfulness. The right of rectification and its regulation by organic law 2/1984, of March 26
   3. The public relevance of the information because of the object and because of the subjects
4. Generic limits to freedom of information
   1. Special protection of youth and childhood. The organic law on the protection of minors 1/1996, of January 15
   2. Official secrets and states of emergency and siege
   3. Judicial secrecy in the law and in the doctrine of the Constitutional Court
5. Personality rights. Illegal interferences from a civil point of view
   1. The right to honor in organic law 1/82, of May 5 and the doctrine of the TC
   2. The right to privacy in organic law of 82 and the doctrine of the TC
   3. The right to one's own image in organic law of 82 and the doctrine of the TC. The jurisprudential evolution of hidden cameras
6. Personality rights. Illegal interference from a criminal point of view
   1. The slander and insults with publicity in the Penal Code. Aggravated types
   2. Offenses against honor, privacy and self-image in the Penal Code
   3. Other criminal types
7. Confrontation between the right to information and other fundamental rights
   1. Jurisprudential solution to the collision between two fundamental rights
   2. Principle of weighting of goods in conflict according to the TC
   3. Civil and criminal liability of the journalist. Moral damages and compensation
8. Constitutional protection of information
   1. Prohibition of prior censorship
   2. The professional secret. The conscience clause in organic law 2/1997, of June 19, and in the TC doctrine
   3. Other rights of the journalist. Special mention of copyright
9. The media and their legal regime
   1. Journalistic companies
   2. Public and private media
   3. The media as public services

Evaluation

The evaluation of the subject consists of three parts:

• Student observation and participation in the classroom: 15%
• Practice follow-up results: 60%. This percentage includes the monitoring, by the teacher, of the work done.
• Specific assessment test (exam): 25%. There is a second test (retest) to recover the theoretical part of the subject.

Methodology

Although the subject is proposed as face-to-face and, therefore, it is taught from lectures, the Virtual Campus of the University of Vic is also used, where documents (doctrinal articles, court rulings) are deposited national and international...) of great interest for the comprehensive training of students. In addition, they are supplemented with real practical cases.

Students must complete their training by commenting and analyzing proposed documents and by working on aspects covered in class.

Bibliography

Key references

• Autores Varios (2018). La nueva perspectiva de la tutela procesal de los derechos fundamentales. Centro de Estudios Políticos y Constitucionales.
• Balaguer Callejón, M.L. (2016). Derecho de la información y de la comunicación. Tecnos.
• De Carreras Serra, Ll. (2018). ¿Cómo aplicar los límites jurídicos al periodismo? UOC.
• Moretón Toquero, M.A. (2012). El secreto profesional de los periodistas: Del deber ético al derecho fundamental. Centro de Estudios Políticos y Constitucionales.
• Pérez Díaz, R. (2018). Los derechos al honor, a la intimidad personal y familiar y a la propia imagen del menor en el siglo XXI. Aranzadi.

Further reading

Teachers will provide complementary bibliography and compulsory reading throughout the course via the Virtual Campus.