Spain’s Ominous Gag Law
Opinion | Editorial New York Ties
Spain’s Ominous Gag Law
The
law on public security — dubbed the “ley mordaza” or “gag law” — would
define public protest by actual persons in front of Parliament and other
government buildings as a “disturbance of public safety” punishable by a
fine of 30,000 euros. People who join in spontaneous protests near
utilities, transportation hubs, nuclear power plants or similar
facilities would risk a jaw-dropping fine of €600,000. The “unauthorized
use” of images of law enforcement authorities or police — presumably
aimed at photojournalists or ordinary citizens with cameras taking
pictures of cops or soldiers — would also draw a €30,000 fine, making it
hard to document abuses.
The
law was introduced in 2013 by the government of Prime Minister Mariano
Rajoy, whose conservative party enjoys a majority in both houses of
Parliament. The lower house approved the law in December, and, despite
pleas from rights groups and the United Nations, the Senate approved it
last month.
The
law’s main purpose, it appears, is to help the ruling party maintain
its hold on power by discouraging the anti-austerity protests that have
snowballed into widespread support for the populist Podemos party.
Podemos looks set to make major gains in elections this year.
The
European Commission should act swiftly to condemn the new law. Maina
Kiai, the special rapporteur at the United Nations on the rights to
freedom of peaceful assembly, has urged Spanish lawmakers to reject the
measure, arguing: “The rights to peaceful protest and to collectively
express an opinion are fundamental to the existence of a free and
democratic society.” Spain’s new gag law disturbingly harkens back to
the dark days of the Franco regime. It has no place in a democratic
nation, where Spaniards, as citizens of the European Union, have more
than a virtual right to peaceful, collective protest.
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