The Spanish government has been urged by the European Federation of Journalists (EFJ) to immediately restrict institutional advertising, following the approval of a proposed law aimed at regulating state-funded media campaigns. The legislation, which was passed in February 2024, was initially promised to curb excessive influence by public authorities over media outlets. However, two years after this commitment, the new rules have yet to take effect fully. A recent report by the EFJ, submitted to the European Commission, highlights concerns that while the reform is underway, government ministries and agencies continue to ignore journalists' requests for transparency regarding how they allocate their advertising budgets, often providing only generic responses. The reform, still in its early stages, is driven by European Union directives designed to align Spain’s laws with the EU's Framework Decision on the Freedom of the Media (EMFA). This decision seeks to ensure that public funding does not distort media independence. The approved text sets a cap on the amount of state advertising that can be allocated to each media outlet, no more than 35% of their total revenue. The aim is to prevent undue political influence and the proliferation of so-called “pseudo-media” outlets that rely solely on such funding. Despite these measures, the EFJ argues that the regulation remains incomplete and ineffective. According to the latest EU Rule of Law Report, published in July, the issue of institutional advertising continues to be used as a tool for political influence, particularly during election periods. The report notes that public administrations maintain discriminatory practices toward certain media outlets and that there is still a lack of transparency regarding who receives public funds and how much. The European Commission has criticized the absence of fair criteria for distributing these funds, emphasizing the need for greater accountability. The EFJ, which includes Spanish members such as the Federation of Press Associations of Spain (FAPE), the Federation of Journalists’ Unions (FeSP), and labor unions like UGT, CCOO, and ELA, explains that while a new law is being drafted to replace the current one, which dates back to 2005, some media outlets have raised complaints and demanded clarity on the government’s allocation process. These demands were based on community regulations requiring transparency, yet the relevant ministries have responded with vague or non-specific information. Some journalists have even filed a complaint with the United Nations Human Rights Committee, though no official response has been issued yet. In addition to setting limits on state advertising, the government’s proposal expands the definition of institutional advertising to include commercial activities carried out by public companies. It also requires all media outlets to register with a public registry before receiving state funds. This measure was previously highlighted by infoLibre in May. However, the key criticism comes from the fact that the law does not regulate advertising funded by regional governments, autonomous communities, or local municipalities. For instance, the Madrid regional government led by Isabel Díaz Ayuso has reportedly distributed millions in public funds to affiliated media outlets. The 2025 edition of the EU Rule of Law Report included a recommendation for Spain to revise its Official Secrets Act. In this year’s report, the Commission acknowledged a “significant progress” in the government’s approval of a draft law on classified information, intended to modernize the outdated Franco-era regulations. Nevertheless, the EFJ maintains that the government’s initiative has faced substantial criticism for its broad timelines and unclear implementation plans. The federation calls for stricter oversight and greater transparency in the distribution of public funds to media organizations, arguing that without such reforms, the integrity of independent journalism remains under threat.
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