Catalonia will not enforce Spain's ‘gag’ law on peaceful protesters

Catalonia will not fine "peaceful" protesters under Spain’s Public Safety Law, or 'gag' law as it is popularly known, the Catalan interior minister, Joan Ignasi Elena, said during an interview on Catalan public radio on Monday.

"It does not make sense" to sanction those who are peacefully demonstrating, the minister said. Especially after the decisions from several European courts and the Spanish Constitutional Court.

The Catalan ministry will, therefore, not fine those who protest without violence as authorities have "balanced rights with others such as freedom of expression or the right to protest," Elena said.

The new protocol will also apply to journalists and photojournalists reporting on demonstrations, as right now, they can get fined under the 'gag' law.

If there are incidents, Catalan Mossos d’Esquadra police will still identify people and the ministry will then fine them.

'Gag law', during rapper Hasel's protests

Almost one year ago, on February 16, 2021, rapper Pablo Hasel was arrested to serve time behind bars after being found guilty of glorifying terrorism and slander against the monarchy in his songs and tweets.

The imprisonment provoked thousands of people to protest for over a week in Barcelona and other cities and towns across Catalonia in support of the rapper.

These protesters also demanded self-determination, a "total amnesty”, and for the anti-riot brigade of the Catalan police forces to be dissolved.

The rapper's imprisonment reignited the debate on freedom of expression in Spain and its so-called 'gag law' as many of Hasel's sympathizers argue that the law is not enforced fairly.

At the moment, politicians reacted to the riots as the “violence was out of hand," some even said.

Council of Europe, alarmed

Commissioner for Human Rights of the Council of Europe (CoE) Dunja Mijatović considers the ‘gag’ law reform insufficient, and on February 8 wrote a letter to Spain’s President of the Congress of Deputies and President of the Senate requesting more changes to guarantee freedom of speech, freedom of assembly and the right of refugees to seek asylum in Spain.

Mijatović has criticized the fact that the reform does not consider “amending” sanctions for “disobedience”, “resistance” or “lack of respect” towards police officers.

In fact, the CoE Commissioner for Human Rights regards the high number of convictions against protesters for these crimes in the Spanish state as “alarming”.

“I reiterate my call to Parliamentarians to review the Law in order to provide clarity and foreseeability, ensure legal certainty and avoid an arbitrary and disproportionate application that could lead to a chilling effect on the exercise of the freedoms of expression and assembly in Spain.”, she asked.

President of the Congress of Deputies, Meritxell Batet, and the president of the Senate, Ander Gil García, have said to Mijatović that her requests “shall be duly taken into account and assessed” in the debate on the reform.

"This is an in-depth review process which offers an opportunity to assess this Law’s adequacy to the recommendations made by several international and national bodies”, they state in a brief response sent on February 10.

What is the 'gag' law?

The Public Safety Law, commonly known as the ‘gag’ law was passed in 2015 by Spain’s conservative People’s Party when they had an absolute majority in Spain’s congress.

It grants the police more extensive powers, such as handing out fines for protesting in front of Congress or for taking and sharing photos of police officers.

Catalan News podcast

Listen to our podcast published on February 20 2021, talking about the riots in favor of Hasel’s freedom and against the Public Safety Law.