On 21 August 2025, Media Defence submitted an amicus curiae brief to the European Court of Human Rights in the case Atresmedia Corporación de Medios de Comunicación S.A. v. Spain (Application no. 29807/25).
The case concerns the decision of the Spanish electoral authorities to prohibit Atresmedia, a private television broadcaster, from airing a political debate on its own terms during the national parliamentary election campaign. The Spanish Supreme Court subsequently ruled that private broadcasters must base participation in such debates on the results of previous elections.
In its submission, Media Defence emphasises that:
Editorial independence is a cornerstone of media freedom and requires heightened protection during elections. Protecting the editorial independence of private media during election periods is essential to safeguard free, open and plural political debate.
Any restriction on freedom of expression and political speech must meet a strict test of necessity and proportionality, avoiding indirect forms of censorship.
External pluralism – ensured through the diversity of media outlets and digital platforms – reduces the need for intrusive obligations on any single broadcaster. States must also take into account technological developments and the rise of digital platforms when assessing whether sufficient pluralism exists, as online and social media now play a crucial role in shaping political debate.
This case offers the Court an important opportunity to clarify the limits of state regulation of private media during election campaigns, ensuring that regulations aimed at promoting pluralism do not undermine journalistic autonomy.
The written submissions can be found here
The Statement of Facts is here
