CASTELLS v. SPAIN JUDGMENT
11
(a) the right freely to express and disseminate thoughts, ideas and opinions by word
of mouth, in writing or by any other means of reproduction;
...
(d) the right to receive and communicate true information by any means of
dissemination. The right to invoke the conscience clause and that of professional
confidentiality shall be governed by statute.
2. The exercise of these rights may not be restricted by any prior censorship.
...
4. These freedoms shall be limited by respect for the rights secured in this Title, by
the provisions of the implementing Acts and in particular by the right to honour and to
a private life and the right to control use of one's likeness and to the protection of
youth and children."
Article 23
"1. Citizens shall have the right to participate in public life directly or through their
representatives freely elected at periodically held elections by universal suffrage.
..."
2. The Criminal Code
20. The Institutional Act 8/1983 of 25 June 1983 reformed the Criminal
Code. It provides that the offences of insulting the Government shall be
punishable by the following penalties:
Article 161
"The following shall be liable to long-term prison sentences [from six years and a
day to twelve years - Article 30 of the Criminal Code]:
1. Those who seriously insult, falsely accuse or threaten ... the Government ...;
2. ..."
Article 162
"When the insult or threat referred to in the preceding Article is not serious, it shall
be punishable by a short- term prison sentence [from six months and a day to six years
- Article 30 of the Criminal Code]."
These provisions appear in a separate chapter of the Criminal Code. The
chapter in question is based on the principle of authority (decision of the
Supreme Court of 19 May 1982; see paragraph 12 above) and provides for a
strengthened protection for the life, freedom and honour of the senior