The Spanish constitutional framework guarantees freedom of expression, including humorous manifestation or animus jocandi, as long as it does not incur insults or falsehoods.
This freedom has recently been in the spotlight due to complaints against comedians such as Broncano or Quequé for alleged religious offences, which has led the government to announce its intention to repeal article 525 of the Penal Code, which punishes the mockery of religious dogmas, thus aligning itself with the doctrine of the European Court of Human Rights. This reform will not affect crimes related to violence, profanation or incitement to hatred, which will continue to be protected by other articles such as 510.
Spanish jurisprudence has already closed several cases on the grounds that they did not constitute a crime, consolidating a de facto decriminalisation of religious humour. However, it is reminded that freedom of expression must be exercised with respect and common sense, balancing the right to criticism with consideration for the religious feelings of others.
Article written by Javier López, Litigation partner at ECIJA Madrid for Lefebvre.
