On 1 July 2015, Organic Law 4\/2015 of 30 March on the protection of public security, better known as the \u201cLey Mordaza\u201d, entered into force together with the reform of the Criminal Code, introducing highly relevant amendments in various areas, particularly with regard to the Internet.<\/p>\n
Since its adoption, it has been the subject of intense controversy. Its stated purpose is to guarantee public security and maintain public order, but it has been criticised for entailing a limitation of fundamental rights, especially freedom of expression and the right to peaceful assembly<\/strong>.<\/p>\n Among the most controversial novelties that emerged following the entry into force of this law, the following stand out in the field of the Internet:<\/p>\n <\/p>\n Although presented under the logic of ensuring security, these provisions have been interpreted by broad sectors of society as an instrument aimed at controlling and discouraging citizen protest.<\/p>\n Since its entry into force, one of the main criticisms has been that the Ley Mordaza restricts fundamental rights enshrined in the Spanish Constitution, in particular:<\/p>\n <\/p>\n Various international organisations, such as the ONU, have recommended its review, warning of the risk that its application may foster self-censorship and restrict the work of journalists and activists.<\/p>\n Nevertheless, the Constitutional Court has upheld its constitutionality on several occasions, stressing that fundamental rights are not absolute and may be limited for reasons of public security, provided that such limitations are proportionate.<\/p>\n The Ley Mordaza was accompanied by the 2015 reform of the Criminal Code, strengthening the prosecution of unlawful conduct on the Internet. Among the most relevant changes:<\/p>\nChanges introduced by the Ley Mordaza<\/h2>\n
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Does the Ley Mordaza limit the right to freedom of expression?<\/h2>\n
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Main reforms to the Criminal Code<\/h2>\n