El confinamiento del derecho a la información

Have defenses of the Right to Information been weakened by COVID-19 during quarantines? The exceptionality of the pandemic has resulted in the majority of countries invoking the Right of Emergency. The establishment of an exceptional legal framework —for example, via the declaration of a State of Al...

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Bibliographic Details
Main Author: Caballero Trenado, Laura
Format: Article
Language:Spanish
Published: 2022
Subjects:
Right to Information
Right of Exception
State of Alarm
COVID-19
prior censorship
Derecho a la información
derecho de emergencia
estado de alarma
covid-19
censura previa
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8088906
Source:Estudios en derecho a la información, ISSN 2683-2038, Nº. 13 (enero-junio 2022), 202260 pags.
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El confinamiento del derecho a la información
Summary: Have defenses of the Right to Information been weakened by COVID-19 during quarantines? The exceptionality of the pandemic has resulted in the majority of countries invoking the Right of Emergency. The establishment of an exceptional legal framework —for example, via the declaration of a State of Alarm— and its impact is an eventuality often foreseen both by the constituent and by the ordinary legislator who, pursuant to the constitutional mandate, has enacted laws containing this forecast. The exercise of the Right to Information requires that the State have an attitude of abstention and respect and, therefore, a negative position (Aragón, 2011: 201; Escobar de la Serna, 1998: 302; Guichot, 2018: 31). But this de iure imperative contrasts de facto with a hyper-guaranteeist attitude that has manifested itself in attitudes that go through exercising a tight control over information. Among many others, the generalized institution of press conferences with filtered questions, the generalization of the videoconference format with delayed interventions, or the neutralization of critical comments about the management of the virus, can be cited as common practices. All of them test the delimitation of the Right to Information, which enjoys enhanced protection but whose exercise is not unlimited. In this paper, this issue is analyzed in light of the constitutional coverage of both rights (Right of Exception and right to information) during the State of Alarm in Spain.

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