Right to information

analysis of the various due diligence criteria required to meet the requirement of truthfulness and access its protection

Abstract

To access to the especially strong protection offered by the right to inform guaranteed in article 20 letter d) of the Spanish Constitution (CE), two requirements must be met: a public interest in what is communicated and that it is truthful (veraz). The latter has been interpreted as a certain degree of diligence in verifying the facts, but not to the absurd extent of demanding scientific certainties. Given the foregoing, the constitutional protection, and to a large degree, the exercise of journalism, depend on what interpreters understand by “due diligence”, which in turn will depend on the circumstances and context of each case. An exhaustive review of the case-law from the Spanish Constitutional Court (TCE) will allow us to systematize the main criteria used so far, as well as its evolution and development over time, enabling us to offer a practical guide to access the protection offered by this right, where Spain has been a pioneer worldwide.