The convergence of art, social media, and the defence of terrorism. A review of the Spanish prosecution of annoying political dissidents Online publication date: Thu, 07-Apr-2022
by David Martín-Herrera
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 9, No. 2, 2022
Abstract: Recently, the Commissioner for Human Rights of the Council of Europe sent a note to the Spanish Government expressing her concern about the increase in criminal sentences against artists and social media activists. This missive arrives at a time when the debate on freedom of expression has reached a more forceful tone regarding the constitutionally enforceable limits to artistic expression and the social media. In the last decade, the dilemma has revolved around the persecution of expressive behaviours related to the justification of terrorism, incitement to hatred and the honour of the institutions. This article analyses the bases of the special margin of appreciation granted to expressive criminal behaviours in Spain, the guidelines that enabled the rules and the treatment by the courts when no real risk exists. The data will be contrasted with recent European jurisprudence and balanced according to the test of necessary measures in a democratic society.
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