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GENERAL COUNCIL OF THE JUDICIARY
Communications Office
(1)
1
.
2015 Protocol for
Judicial Communications
Text presented by the President of the General Council of the Judiciary to the
Standing Committee on 16 July 2015 and to the Plenary on 22 July 2015
GENERAL COUNCIL OF THE JUDICIARY
Communications Office
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1. Introduction
2. The legal context, organic and regulatory standards
3. Objectives
4. The Communications Office as an institutional channel for judicial
information
5. Information provided:
a. The investigation stage
b. Audiovisual media services within the investigation stage
c. The trial stage
d. Audiovisual media services within the trial stage
e. Criteria for the recording of images within the trial
f. Judgments
6. The manner in which information is provided
7. The activities of the Communications Offices
a. The General Council of the Judiciary
b. The Supreme Court.
c. The President of the National High Court and the Presidents
of the High Courts of Justice
d. The Presidents of the Provincial Courts and Senior Judges
e. Investigating judges and judges of criminal matters
f. Other jurisdictions
8. Collaboration with Court Registrars
9. Communications Offices and the General Council of the Judiciary
10. Communications Offices and the State Prosecutor's Office
11. Communications Offices and the website
12. Communications Offices and social networks
13. Communications Initiatives
14. Conclusions
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1. Introduction
On 7 July 2004, the Plenary of the General Council of the
Judiciary ratified the text of the Protocol for Judicial Communications,
which was approved by the Communications Committee on 30 June
of the same year. Ten years later, the time has come to draw up a
new text, following the guidelines of the text approved in 2004, in
order to adapt to the reform of the General Council of the Judiciary
brought about by Organic Law 4/2013, the profound changes that
have occurred within the communications sector and the social
significance that the activity of the Courts and Tribunals has acquired,
generating a demand for information that the Judiciary must address.
In this regard, the Communications Offices set up in the
General Council of the Judiciary, the Supreme Court, the National
High Court and the 17 High Courts of Justice have proved particularly
effective. Their introduction, which was implemented over the course
of this ten-year period, has been unanimously praised, not only
within the governing bodies of the Judiciary, but also by its members
and amongst journalists specialising in affording information relating
to the courts.
The information remains the same, but during this period
new and faster methods of communicating have been developed and
traditional media exist alongside digital media wherein image, in
many instances, has become the focus of the information. Moreover,
the widespread use of Internet and social networks has enabled
direct channels of communication with wider society to be
established, a possibility that the Judiciary should not ignore.
This document proposes formulae to enable information
to reach citizens in a more efficient, clear, truthful, objective and
responsible manner, with the utmost respect for rights and
observance of the duties of all those involved in judicial proceedings,
in order to establish a stable, simple and safe communication channel
for judges and magistrate judges1. When drawing up this document,
consideration has been afforded to the unique position of judicial
bodies as sources of information of journalistic interest, along with
1 Magistrate judges are judges who have served for a minimum of three years and/or fulfill additional
requirements relating to specialization.
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the requirements of court reporters, the experience of the
Communications Offices and the protocols approved by the Governing
Chambers of the various judicial bodies, such as the Supreme Court,
the National High Court, the High Court of Justice of Murcia or the
High Court of Justice of Catalonia.
2. The legal context, organic and regulatory standards
The reform of Organic Law 4/2013, of 28 June stipulates
in article 598.8 that it falls to the President of the Supreme Court and
the General Council of the Judiciary to oversee institutional
communications. Article 620 envisages the creation of a
Communications Office within the General Council of the Judiciary, to
undertake such duties, and article 598.10 affirms that the President
is charged with the appointment and dismissal of the Director of the
Communications Office.
Therefore, the President of the Supreme Court and the
General Council of the Judiciary supervises institutional
communications via the Communications Office and is responsible for
designating and discharging its director. The Offices in the Supreme
Court, the National High Court and the High Courts of Justice of the
autonomous regions are dependencies of the Communications Office
of the General Council of the Judiciary, which sets the criteria to be
followed in terms of communications policy.
Previous Councils expressed their commitment to the
duty of transparency. The current General Council of the Judiciary has
turned this duty of transparency into one of its hallmarks, as
evidenced by the creation of the Transparency Portal, which was set
up six months prior to the entry into force of the Law on
Transparency, Access to Information and Good Governance.
Transparency is the main objective of the General Council
of the Judiciary's Communications Office, in addition to its duty to
provide truthful, unbiased, clear, objective, responsible information in
the shortest possible time. Nor should we forget the duty to provide
the necessary collaboration to judicial bodies in those cases that they
are trying that are subject to information requests, with a view to
ensuring that their normal operation is affected as little as possible.
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The legislature's creation, via a regulation at the level of
an Organic Law, of a Communications Office and the assignation of
the President of the Supreme Court and the General Council of the
Judiciary as the overseer of institutional communications is indicative
of the importance that such matters should be afforded within the
daily life of the institution, as a channel to draw closer to and build
relations with wider society, thereby maintaining and strengthening
confidence in the justice system.
3. Objectives
In spite of the passage of time and the efforts made by
previous Councils, the perception of the justice system amongst
citizens leaves room for improvement and, furthermore, presents a
singular aspect. On the one hand, it is a public service that is poorly
evaluated by citizens and it is a branch of state of which they have
little knowledge, viewing it as obscure, complicated and
incomprehensible. However, in contrast to this dim view of the
Judicial Administration, which remains prevalent, we find that the
judges are highly esteemed and viewed as professional, responsible
and well-educated. Improving the image of the justice system and
bolstering and improving the image of judges are objectives we must
fulfil.
The vast majority of citizens do not come into contact with the
Judicial Administration over the course of their lives, whereby, it is
through the media that opinions are formed, which then have a direct
bearing on how the justice system is viewed by citizens.
The principle of the public nature of the justice system is an
essential guarantee for the operation of the Judiciary within a
democratic society, ensuring that, on the one hand, the actions of
judges come under public scrutiny and, on the other hand, that public
confidence in the courts is maintained, thereby constituting one of
the fundaments of due process and one of the cornerstones of the
Rule of Law.
The procedural principle is reinforced where it is accompanied
by an institutional communications policy that, in a clear, unified,
recognisable and truthful manner, transmits the reality of the Spanish
Judiciary, via professional, stable and appropriate channels, in order
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to convey to citizens, the end recipients of judicial activity, those
rulings that are of greatest importance and social significance.
The ultimate aim is to bolster public confidence in the judicial
system, improve the image of the judiciary and judges, bring the
General Council of the Judiciary closer to citizens and judges and
promote responsibility within the bodies of the Judicial
Administration.
4. The Communications Office as an institutional channel for
judicial information
As the Protocol for Judicial Communications approved in 2004
affirmed, the Communications Offices are the "cornerstone" of the
communications policy of the General Council of the Judiciary.
Without them, it would prove impossible to transfer the duties
undertaken by judges into the sphere or public opinion, or adhere to
the commitment of transparency.
The Communications Offices form a part of the judicial
structure. They represent a bridge between professionals within the
judiciary and the media, the institutional channel and the official
sources for judges. Furthermore, they enable citizens to exercise
their right to receive truthful information.
A relationship of mutual trust must exist between members of
the Communications Offices, judges and magistrate judges and their
governing bodies.
Coordination between judges, magistrate judges, court
registrars and the Communications Offices enables us to act with
foresight in the face of cases or rulings of social significance or public
interest, whilst avoiding an appearance of inefficiency, self-serving
leaks and erroneous interpretations.
Effective communication requires the collaboration of everyone.
It is essential that the Communications Office, which will at all times
respect legality and act to promote the image of the judicial system
and judges, be forewarned of cases or rulings with public significance.
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The personnel of the Communications Offices will preferably be
journalists with previous experience with court information. Their
knowledge, both of communication techniques and judicial parlance
and procedures will facilitate the task of acting as a "bridge" between
the media and professionals within the Judiciary.
5. Information provided
The Communications Offices will provide reporters (and, in a
direct manner, citizens, via the website of the Judiciary and social
networks) with information on cases that have aroused interest, but
also on other cases where the Offices themselves or presiding judges
deem that they should be made public in view of their legal or social
significance and importance.
A case will be considered to be of interest when it becomes
subject to media attention as a result of the individuals involved, the
nature of the case, the bearing of the acts addressed within the
proceedings, the legal significance of the rulings made and/or the
legal regulations applied, the prior existence of journalistic reports
relating to the case, including the police investigation stage, or where
it is deemed to be of interest to citizens.
By way of example, the Constitutional Court has drawn
attention to the importance, in view of their newsworthiness, of cases
such as the improper operation of public bodies (Constitutional Court
Judgment 143/1991 and Constitutional Court Judgment 6/1998),
political corruption (Constitutional Court Judgment 105/1990), air
traffic safety (Constitutional Court Judgment 171/1990), terrorist
activities (Constitutional Court Judgment 159/1986), events of
general interest, such as the FIFA World Cup (Constitutional Court
Judgment 20/1998), the origin and evolution of an illness such as
AIDS (Constitutional Court Judgment 20/1992), disputes amongst
private citizens over matters such as nudism (Constitutional Court
Judgment 24/1992), the abuse of employment rights (Constitutional
Court Judgment 4/1996) and other issues, such as violence against
women, child abuse, the infringement of sexual freedoms,
discrimination, crimes such as drug trafficking, fraud, murder, arson,
robbery, etc. In this regard, Constitutional Court Judgment 178/1993,
of 31 May affirms (4th legal ground) that, "at a general level, the
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newsworthiness of acts and occurrences with criminal significance
cannot be denied".
With regards to interest deriving from the individuals involved
in the judicial proceedings, public figures or individuals in the public
eye are those whose behaviour, image and/or opinions are subject to
the scrutiny of citizens, in accordance with the doctrine established
by the Constitutional Court.
Thus, Constitutional Court Judgment 192/1999, of 25 October,
affirms that "those charged with administering public authority are
public figures, in the sense that their behaviour, image and opinions
are subject to the scrutiny of citizens, who have a legitimate interest,
guaranteed by the right to receive information outlined in article 20.1
d) of the Spanish Constitution, to ascertain how this authority is
exercised on their behalf. In such cases, and insofar as the disclosed
or criticised matter refers directly to the exercise of public duties, the
individual cannot simply object on the basis of the rights outlined in
article 18.1 of the Spanish Constitution." (7th legal ground).
For its part, Constitutional Court Judgment 134/1999 states
that "individuals in the public eye assume a risk in the face of
information, criticism or opinions that might prove hurtful or
offensive, not strictly because they are public figures (...), but rather
because their position in the public eye is attained because they have
exposed their professional activity or private lives to the scrutiny of
third parties" (7th legal ground).
The majority of journalistic interest focuses on information
deriving from the criminal jurisdiction, wherein a distinction must be
made between two very specific procedural phases: the investigation
stage and the trial phase.
a. The investigation stage
Article 301 of the Law of Criminal Procedure stipulates that
"preliminary proceedings shall remain secret until the trial
commences". Therefore, the investigation stage is subject to sub
judice secrecy, to ensure the satisfactory outcome of the
investigation.
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Furthermore, given that the constitutional principle of the public
nature of court proceedings is contravened by sub judice secrecy, the
Constitutional Court, in Judgment 13/1985, of 31 January, has
affirmed that "in its specific application, strict interpretation is
required, and a mere allegation does not provide sufficient basis to
restrict additional rights - nor to extend restriction over and above
what is necessary - beyond those strictly affected by the regulation
enshrining secrecy".
In the same judgment, the Constitutional Court adds that sub
judice secrecy "does not in any way imply that one or various
elements of social reality (isolated events or collective occurrences,
awareness of which is not restricted or prohibited by another
fundamental right in accordance with the stipulations of article 20.4
of the Spanish Constitution) are wrested from the freedom of
information, in the twofold sense of the right to be informed and the
right to inform, with the sole argument that the elements in question
are currently subject to preliminary proceedings".
Therefore, it is possible to provide information relating to
important cases even during the investigation stage, providing that
this does not involve the "preliminary proceedings" outlined in article
301 of the Law of Criminal Procedure (which, according to article 302
of the same regulation, refers to those proceedings in which the
parties "appear") and does not prove detrimental to the objective of
the sub judice secrecy, which as the Constitutional Court itself states,
simply involves "ensuring that crime is punished".
Therefore, Communications Offices, subsequent to obtaining
authorisation from the investigating judge, may provide the rulings
that he or she hands down, where they do not refer to preliminary
proceedings. Such rulings, without attempting to provide an
exhaustive list, include rulings to admit for processing or reject,
rulings ordering remand into custody or other precautionary
measures, rulings upholding evidence, rulings ordering committal for
trial or transformation into summary proceedings and rulings on
challenges and appeals.
In addition to procedural rulings, during this stage information
may be provided and regularly updated where it refers to the
following:
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- The number and identity of the accused and/or detainees who
have made statements before the judge and the reasons for
their indictment and/or arrest, with a succinct description of the
facts or the circumstantial evidence relating to the crime.
- The procedural status determined following the taking of
statements.
- The alleged crimes to which the proceedings relate.
- The number of witnesses who have made statements.
- Expert evidence gathered.
- The investigative steps that were implemented (number of
entries and searches, international requests issued, etc.).
Once the investigation stage has finalised, the ruling ordering
the commencement of the trial and the significant rulings issued in
relation to the enforcement of the sentence will be provided.
The experience accumulated over the years since the creation
of the Communications Offices has shown that such information
neither represents a breach of sub judice secrecy or endangers the
satisfactory outcome of the investigation, whilst it does contribute to
citizens regarding the work carried out by judges and magistrate
judges in a positive light.
It should be borne in mind that it is during the investigation
stage that so-called "leaks" and "trial by media" occur. A policy of
transparency, via the communication of timely, truthful, objective and
responsible information that enables us to provide a comprehensive
picture of the progress of the proceedings is the best method of
avoiding self-serving readings or erroneous interpretations by those
involved in the process or third parties.
Where judges, magistrate judges or court registrars
communicate the existence of a legal case with public significance,
this enables the Communications Office to be prepared and allows it
to assist the judges, magistrate judges or court registrars where
necessary.
In turn, the Communications Office can also address them to
gather information or advise them that a case of interest exists.
With complete respect for the secrecy of proceedings, the
Communications Office will ask the court registrar, in accordance with
the duties established in article 454.4 of the Organic Law on the
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Judiciary, to inform it as soon as possible of the rulings that have
been delivered, once they have been signed and the parties notified,
along with any other information of interest. It is sufficient that the
parties be informed of the possibility of being officially appraised of
the ruling, via electronic notification.
The Communications Office is to be informed of the envisaged
date on which notification of the ruling will be provided.
Efforts will be made to inform all parties simultaneously, to
avoid self-serving leaks or erroneous interpretations. In the event of
significant media impact, the Communications Office will be informed
at the same time as the parties are notified.
In such cases, it is recommended that the information to be
provided is previously studied with the head of the Communications
Office, particularly at the outset. The first report produced prevails
and steers subsequent coverage. Arriving late with confusing
information, which is what occurs where the role of news source is
left to the whims of the various parties involved, diminishes the
message and undermines the credibility of all parties:
Communications Offices, judges and, in short, the judicial system.
The Communications Office will, at all times, keep judges,
magistrate judges and court registrars informed of the activities it is
undertaking and the evolution of the information.
b. Audiovisual media services within the investigation stage
Audiovisual media services require image and sound in order to
carry out their work. As a general rule, television and radio stations
are at a disadvantage when compared with their colleagues in
newspapers or agencies, and are often unable to perform their duties
on an equal footing.
At the same time, and paradoxically, their audiences indicate
that they have the greatest impact on public opinion, as their viewers
and listeners vastly outnumber newspaper readers.
Journalists working in audiovisual media services also face two
phases within the court information process: the investigation stage
and the trial phase.
Conflicts are commonplace during the investigation stage. In
certain courts, the media enter the hallways of judicial bodies with
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video cameras, whilst in others, they are denied access by order of
the Governing Chamber.
In accordance with article 4.m),n) and ñ) of Regulation 1/2000,
of 26 July, on the Governing Bodies of Courts and article 168 of the
Organic Law on the Judiciary, competence to control access to judicial
buildings resides with the Governing Chambers and Senior Judges,
respectively. In this regard attention should be drawn to
Constitutional Court Judgment 56/2004 of 19 April 2004, reiterated in
Constitutional Court Judgment 57/2004, which established that "the
hallways or other areas of the building are not sources of information
that are open to all, as above and beyond the premises in which the
public proceedings are held, the right of access is instrumental in
nature, that is, passage to reach these premises".
However, images outside court buildings should be accessible to
the media, be they of the accused or of witnesses, within the
restrictions established by law. The work of audiovisual media
services is to be facilitated outside the courts, placing priority on
ensuring that the Judicial Administration functions as it should and
without hindering the normal operation of the offices within the court.
The press officers of the various courts, coordinating with the
security forces, must set up a reasonable perimeter to create an area
wherein journalists will be able to capture images without difficulty or
intrusive obstacles that hinder their ability to record. Press officers
must provide a space where the statements of any of the parties can
be recorded and mark out an area where journalists can make live
reports.
Journalists of audiovisual media services often have to make
live presentations in the evening, at night or in the early hours. In
certain courts, such as the National High Court, the activity is
particularly intense. It is recommended, where possible, that a space
or area be provided where they can work outside programmed times.
c. The trial stage
During the trial stage, no restrictions are placed on access to
the hearing or information, with the exception of those stipulated in
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certain laws, such as the laws concerning minors or the victims of
gender-based violence, for example.
Judicial proceedings become public in nature from the point at
which the judge deems the investigation to be concluded. This is
made clear in article 301 of the Law of Criminal Procedure and article
680 of the same regulation, which indicates that "the disputes in
trials will be public, under penalty of nullity".
Moreover, the public nature of trials has been successively
affirmed by the Constitutional Court, in Judgments 56/2004, 57/2004
and 159/2005. Judgment 56/2004 is of particular importance, and
will be addressed in detail in the next section of this Protocol, as it
enshrines the right of journalists to access trials, affirming that
"obtaining news in the trial in which it arises forms a part of the
content of their right to provide information".
The exception to this general rule is regulated in Article 680 of
the Law of Criminal Procedure, which establishes that "the presiding
judge may, nonetheless, rule that the sessions be held behind closed
doors when required on the grounds of morality or public order, or
due respect for the victim of the crime or their family", adding that
the ruling must be recorded "in a ruling providing grounds".
Furthermore, Article 232 of the Organic Law on the Judiciary
states that “in exceptional circumstances, for reasons of public order
and the protection of freedoms and rights, judges and courts may,
via a ruling providing grounds, limit the scope of public access and
order all or part of the proceedings to be secret in nature”.
Finally, Article 6 of Regulation 1/2005 concerning the ancillary
aspects of judicial proceedings, approved by the Plenary of the
General Council of the Judiciary on 15 September 2005, points out
that "in general, access of the accredited media to proceedings held
in public hearings will be permitted, except in those cases wherein
constitutional rights and values might be affected, in which case the
Judge or President of the Court may deny such access via a ruling
providing grounds".
Communications Offices must ascertain, sufficiently in advance,
whether or not the Judge or President of the Court has issued rulings
under the aforementioned article 6 of Regulation 1/2005 in all trials
with public significance, and will take steps to convey them to
journalists. In the event that an order is issued to hold a closed
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hearing, and no ruling with grounds has been issued in this regard,
the Communications Office will call on the Judge or President of the
Court to issue it and will convey it to journalists.
d. Audiovisual media services within the trial stage
Spain has no laws regulating the access of audiovisual media
services to courtrooms. In this regard it is essential to reproduce the
arguments of Constitutional Court Judgment 56/2004, which
reiterated the arguments of Constitutional Court Judgment 30/1982,
of 1 June.
The judgment stipulated that "the principle that trials be public
in nature, enshrined in the Constitution (article 120.1), implies that
knowledge of them is to stretch beyond the confines of those present
within them, and may become widespread. Such widespread
knowledge cannot come about without the assistance of the social
media services, insofar as their presence enables them to acquire
information at the source and transmit it to those who, due to the
imperatives of time, space, distance or professional commitments,
etc., are unable to gain access to it. This role as a natural
intermediary, undertaken by social media services, between the news
event and those who are unable to acquire first-hand knowledge of it
becomes of greater importance where, in view of its nature, it may
affect everyone and have particular impact on wider society"
(Constitutional Court Judgment 30/1982, of 1 June, 4th legal
ground).
The magistrate judges added that "it is inappropriate to take
the view that the representatives of social media services, by virtue
of their attendance of trial sessions, are afforded a frivolous and
discretionary privilege, but rather what has been classified as
privilege is a preferential right afforded by virtue of the role they
play, in the interest of the duty of information enshrined in the
constitution" (ibidem). They go on to conclude that "public hearings
are, therefore, a public source of information and, as a result, as we
have outlined, this Court has affirmed, in relation to newspaper
journalists, that obtaining news in the trial in which it arises forms a
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part of the content of their right to provide information".
With regards to audiovisual media services, the Court affirmed
that "no changes to the pronouncements relating to journalists who
undertake their role via the written press are to be made in relation
to information that makes use of other technical means to obtain and
disseminate news, such as the recording of images, photographs or
visual broadcasting. Article 20.1 d) of the Spanish Constitution
enshrines the right to freely disseminate truthful information "via any
media outlet", without drawing a distinction between the various
forms of outlet, in terms of the content of the right that is
constitutionally protected. Therefore, it must be concluded that this
content takes in both the use of technical channels to obtain and
disseminate the news at the information source that is open to all
(and this applies to public hearings) and the installation, as necessary
instruments, of the required technical apparatus where the news
event occurs. In this sense, it should be highlighted images notably
enrich the content of messages focused on forging free public
opinion".
The magistrate judges of the Constitutional Court pointed out
that the public nature of judicial proceedings could be restricted by
judges and courts where it is deemed that other rights or
entitlements with constitutional protection are to prevail
(Constitutional Court Judgment 96/1987, of 10 June, 2nd legal
ground).
Therefore, in accordance with constitutional doctrine,
audiovisual media services are to be given free access to courtrooms.
In those cases where, in accordance with the exceptions envisaged in
law, the media's right to obtain information is limited or restricted,
the Communications Offices will request the ruling with grounds
ordering such measures and will convey it to journalists.
e. Criteria for the recording of images of the parties involved
within the trial
In order to reconcile the right to obtain information with the right
to freedom from injury to honour, privacy and one's own image held
by the parties involved in the proceedings, we recommend that the
following guidelines for the recording of images be followed:
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- The camera is to be placed in a location where it does not
represent a disturbance, at all times adhering to the
instructions of the President of the Court, who will provide the
indications deemed appropriate.
- Press officers will outline restrictions placed on recordings in the
event of protected witnesses, for example, and journalists will
turn their cameras off during recesses and when the trial is
deemed concluded pending sentencing.
- Shots that enable the full identification of the accused may be
recorded if there is a relevant public interest due to the severity
of the events being tried and the impact that they may have on
public opinion, if it is a public figure or publicly well-known
individual – and particularly if the events are related to a public
activity – or if they have given their express or tacit consent
having previously appeared voluntarily in the media. If none of
these requirements are met, it will be possible to take rear and
side-on shots of the accused.
- Recording images that facilitate the identification of victims is
to be avoided, except where they have given their express
consent.
- For the recording of the image of the witnesses and experts
who are not public servants, express consent is required.
- Efforts will be made to record only cover shots of the members
of the jury, taking pains to prevent individual identification.
- With regard to the public servants who participate in the
hearing, article 8.2 a) of Organic Law 1/1982, of 5 May, on civil
protection of the right to freedom from injury to honour,
personal and family privacy and self-image establishes that the
right to self-image will not prevent “the capture, reproduction
or publication by any medium, when dealing with persons who
exercise a public position or a high-profile profession or
profession with a public scope and the image is captured during
a public event or in places open to the public”. This affects
judges and magistrate judges, state prosecutors, court
registrars, forensic doctors and experts who hold the status of
public servant.
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Where the court is equipped with its own recording system and
it is of sufficient quality, it will be employed and the images will be
provided to media outlets on request. The Communications Office
must facilitate the necessary technical resources to ensure that the
signal can be picked up by the media.
Courtrooms are normally small and are unable to cater to
several television cameras. In such cases, where no institutional
images exist, a pool system is recommended (one media outlet
records and shares the images with the others).
Where institutional images or a pool system prove impossible,
steps will be taken to record silent images at the start of the trial.
Recording times will be sufficiently extensive and, in the event that
the hearing runs over weeks or months, regular access will be
afforded to audiovisual media services for recording purposes.
When not enough space is available for the public attending the
trial, press officers will reserve a space for journalists. If no media
outlet can be provided with more than one seat, preference will be
afforded to news programmes, as opposed to magazine or
entertainment programmes.
Communications Officers will treat media outlets in an equitable
manner, setting objective criteria for audience share where they are
obliged to establish access preferences.
Journalists will be subject to the general rules governing
security. Requiring journalists to provide accreditation or identify
themselves does not restrict their right to inform (Constitutional
Court Judgment 30/1982, of 1 June), but rather, represents a means
of enabling them to exercise their right to preferential access.
f. Judgments
Article 266 of the Organic Law on the Judiciary states that
"judgments, once they have been issued and signed by the judge or
all the magistrate judges who have issued them, will be deposited in
the Judicial Office and access to their texts will be afforded to any
individual wishing to see them". The Draft Bill of the Law of Criminal
Procedure of 2011 specified the meaning of this precept in article
115, which indicates that "judgments handed down within criminal
proceedings are public in nature from the point at which they are
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deposited in the Judicial Office, in accordance with the stipulations of
article 266 of the Organic Law on the Judiciary".
The question of the point at which judgments are to be
provided to the Communications Offices for dissemination to the
media frequently arises. Article 266 of the Organic Law on the
Judiciary clearly indicates that judgments become public documents
(which can therefore be accessed by "any individual wishing to see
them"), once they have been issued and signed by magistrate
judges, and whether or not the appearing parties have been
successfully served notification of them is irrelevant.
Moreover, article 120.3 of the Constitution stipulates that
judgments "will be read in public hearings". Whilst this procedure is
employed on an exceptional basis (the reading of the judgment in the
case relating to the terrorist attacks of 11 March 2004 might be
considered), the aforementioned precept, for the present purposes,
makes clear that the appearing parties are not afforded preferential
access to these rulings over and above third parties.
Therefore, once issued and signed by magistrate judges, court
judgments are public documents and nothing prevents them from
being placed at the disposal of the Communications Offices
(simultaneously to their forwarding to the legal representatives of the
appearing parties) in order to have them sent on to the media.
This general rule is only contravened by the exception
envisaged in article 266 of the Organic Law on the Judiciary, which
indicates that "access is only subject to restrictions where it might
affect the right to privacy, the rights of individuals requiring special
legal protection or the guarantee of anonymity afforded to victims
and injured parties, when applicable, and, in general, to prevent
judgments from being used for purposes that are contrary to the
law".
To safeguard the rights outlined in the precept, where
judgments are susceptible to contravening such rights, the personal
details and other particulars that might enable their identification
may be removed prior to providing them to the media.
Communications Offices that alter rulings in this sense will take steps
to ensure that the requisites for doing so have been met.
Communications Officers are advised that they should include a
brief advisory notice when disseminating rulings, which might read as
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follows:
"The media will be held liable for the communication of personal
details.
This ruling is provided by the Communications Office for
informative purposes, and its incorporation into Files of Databases is
prohibited, in application of the provisions of legislation on Data
Protection".
6. The manner in which information is provided
Communications Offices are the natural channels for contact
with the media. The information they provide will be released to all
journalists simultaneously, in the interests of equity, unless
information, interviews or reports are requested by a specific media
outlet.
The information is to be provided in written form via an official
press release. This facilitates the work of journalists and helps to
highlight the message to be conveyed.
Press releases, employing the official templates of the General
Council of the Judiciary, will be forwarded to journalists who request
them, and will be sent to all such journalists at the same time,
without fail.
The new forms of journalism may provide accreditation for
people with their own methods of communication (blogs, websites...).
To acquire access to a court's rulings, accreditation of status as a
journalist and the website or other service by which the individual is
employed must be presented.
To speed up communication, Communications Officers may set
up other channels of communication, such as WhatsApp groups,
always ensuring that information reaches everyone at the same time.
7. The activities of the Communications Offices
All Communications Offices are dependencies of the
Communications Office of the General Council of the Judiciary, which,
in accordance with article 620 of the Organic Law on the Judiciary, is
a technical body. Therefore, its duties are outlined in the Regulation
on the Organisation and Operation of the General Council of the
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Judiciary. The duties detailed below are simply in-house guidelines
and are subject to the stipulations of the aforementioned Regulation.
1. Production of a daily press review taking in all newspapers
published in Spain. The review will take in information relating to the
Courts and Tribunals. The press review will be sent to the members
of the Governing Chamber, to judges and magistrate judges within
the territory and to the Communications Office of the General Council
of the Judiciary, which will draw up a regional summary on a daily
basis for internal use.
2. They may draw up a monographical press review for Judges
and Courts trying cases that are newsworthy or upon request.
3. The will provide direct support for Judges and Courts,
facilitating their relations with the media and enabling rectifications in
the event of errors that require correction. In such cases, they will
prepare documents employing the right of rectification. The Office will
act at the behest of the magistrate judge, the chamber or the
president, recording this detail in the document sent to the media, in
accordance with Organic Law 2/1984, regulating the Right of
Rectification.
4. On a daily basis, they will compile the judicial rulings of all
collegiate bodies within their respective territory to enable them to be
accessed by accredited journalists, who will freely choose what is to
be published.
5. The same role will be performed in relation to rulings issued
during the investigation stage where there is media interest.
6. They will inform journalists in advance of the dates set for
hearings, advising them in due time where restrictions have been
placed on access or recording. In the event that the Judge or Court
has ordered that the hearing be made partially or completely barred
to the public, they will request the ruling providing grounds and
forward it to media outlets.
7. They will provide assistance to magistrate judges when
planning trials with a media dimension.
8. They will draw up press releases and communiqués. At all
times, the official templates provided by the General Council of the
Judiciary are to be employed for such purposes.
9. They will organise and convene press conferences.
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10. They will arrange and prepare interviews with the heads of
judicial institutions.
11. They will arrange the publication of opinion pieces penned
by judges and magistrate judges.
12. They will monitor the manner in which news relating to the
Judicial Administration is handled by the most important television,
radio and digital media outlets within their territory.
13. They will deal with accreditation for all journalists and press
photographers who normally or sporadically cover court news.
14. Personalised attention for each journalist providing
information relating to the courts and relations with the editors of the
various media outlets.
15. They will forward judicial rulings and institutional acts of
interest to the Communications Office of the General Council of the
Judiciary, for publication on its website, www.poderjudicial.es , on
social networks and on the Transparency Portal.
16. They will take photographs of institutional acts for
dissemination on the website, www.poderjudicial.es.
17. The Communications Office of the General Council of the
Judiciary may call for the advice of the Communications Offices of the
Central Courts and the High Courts of Justice.
18. Communications Offices may call for support or aid from
the Directorate of the Communications Office of the General Council
of the Judiciary.
19. They may organise visits by students and other groups,
providing that this does not interfere with their informative duties.
20. The Communications Office is to be informed of any
conflicts or anomalies relating to the media and, in turn, it will inform
the President of the Court.
21. They may draft the press releases of chamber presidents,
senior judges and magistrate judges. In all cases, the identity of the
signatory of the communiqué will be made clear. Communiqués that
might be drawn up by other collectives or groups of people will not be
drafted.
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a. The General Council of the Judiciary
Article 122 of the Spanish Constitution stipulates that the
General Council of the Judiciary is the governing body of judges, with
duties taking in appointments, promotions, inspection and disciplinary
action. The General Council of the Judiciary does not undertake
jurisdictional duties, whereby information on its activities is available
for general and public access, with the sole exception of the
deliberations of its bodies (which are "classified" in nature in
accordance with article 629 of Law 4/2013, on reform of the General
Council of the Judiciary) and the personal details that appear in the
documents produced by the institution that are expressly referred to
in legislation on Data Protection.
The policy of transparency introduced by the current Council, as
evidenced by the creation of the Transparency Portal, already allows
media outlets, and citizens in general, to receive timely information
on the agendas of the Plenary and Committees, the resolutions
adopted and reports issued in accordance with its role as a
consultative body.
The processes for filling posts within governing bodies also
adheres to the transparency policy, and media outlets can follow
candidates' appearances in situ or via the website and consult their
curricula.
The Communications Office enables journalists to carry out
information searches on the Transparency Portal and the Office will
provide any information that the search fails to provide.
Where information requests refer to disciplinary matters, the
Communications Office will act in accordance with the criterion
established by the Plenary Session of the General Council of the
Judiciary held on 22 March 2012, which in resolution number 57
approved "dissemination via the Press Office, subsequent to serving
notice to the parties in question, of all resolutions to initiate
disciplinary proceedings, close proceedings or impose sanctions that
are adopted by the Plenary or the Disciplinary Committee, which in
view or their content or doctrine, are of public interest".
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b.- The Supreme Court.
The reform undertaken by Organic Law 4/2013, of 28 June,
envisages the creation of a Vice-presidency within the Supreme
Court.
The head of the Communications Office of the Supreme Court
will undertake the task of assisting, dealing with, informing and
advising the vice-president and members of the Governing Chamber
and will keep the Directorate of the Communications Office of the
General Council of the Judiciary informed.
The Communications Office will have access to judgments once
they have been issued and signed by the magistrate judges at the
same time as they are forwarded to the legal representatives of the
appearing parties, the point at which they will be provided to media
outlets. The Communications Office will take an active role in the
dissemination of rulings and may provide advance notice of a
sentence where the magistrate judges deem this to be appropriate.
c. The President of the National High Court and the Presidents
of the High Courts of Justice
The competencies of the President of the National High Court
and the Presidents of the High Courts of Justice, insofar as
communications are concerned, are outlined in Regulation 1/2000 on
the Governing Bodies of Courts.
Article 54.1.g reads as follows: "Where necessary, to duly
inform public opinion, the Presidents of the High Courts of Justice
may issue press releases and communiqués addressed to media
outlets relating to the activity of jurisdictional bodies within their
sphere of influence when a given case arises that is of particular
significance or public interest. The Presidents will exercise this power
on their own initiative or at the behest of the jurisdictional body
trying the case and will at all times adhere to the requirements
deriving from the fundamental rights to freedom from injury to
honour, privacy and one's own image, and will respect the absolute
nature of the jurisdictional authority of the Court or Tribunal. The
same power, within their respective spheres of influence, is conferred
on the Presidents of the Provincial Courts and Senior Courts, once
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they have informed the President of the High Court and subject to his
or her instructions".
Article 54.3 of the same Regulation states that it falls "to the
Press Offices of the High Courts of Justice, with the appropriate
technical assistance and under the guidance of their President, to
undertake informative activities and establish relations with the
corresponding media outlets in exercise of the competencies assigned
to the governing bodies of each High Court, and to provide a better
service to news media outlets and information professionals in terms
of their relations with the Judicial Administration within the
aforementioned sphere of influence".
In other words, the Presidents are the natural spokespersons of
the High Courts of Justice. They may make public interventions,
before the media, where they deem such action necessary.
The head of the Communications Office will maintain close daily
contact with the President. His or her duties, notwithstanding the
stipulations of the Regulation, are as follows:
- The head of the Communications Office may accompany the
President in official acts where the media may be present.
- The head of the Communications Office may engage in planning
with the President and organise institutional acts. He or she
may carry out protocol duties, providing that a specific person
has not been assigned for such tasks.
- The Communications Office will prepare the presentation of the
annual report of the High Court of Justice. The report must be
submitted to public opinion as it affords an overview of Justice
within the Autonomous Region. It is to be forwarded to the
General Council of the Judiciary for dissemination.
- The head of the Communications Office may advise the
President when he or she is drafting official speeches.
- The head of the Communications Office may facilitate periodic
meetings between the President and the editors and heads of
media outlets within the territory in question.
- The President may call on the head of the Communications
Office to produce any reports deemed necessary.
- The President is to be informed of any planned public
appearances on the part of the Presidents of the Provincial
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Courts and senior judges and of the purpose of such
appearances.
Communications Offices will provide support to the Governing
Chamber and will actively participate in affording a greater degree of
transparency to the resolutions adopted by the Governing Chamber.
The Communications Offices, notwithstanding the stipulations of
the Regulation, may also carry out the following duties:
- The drafting of a weekly communiqué to disseminate matters of
interest addressed in the Governing Chamber.
- In crisis situations, the Directorate of the Communications
Office of the General Council of the Judiciary will be charged
with analysing the problem and indicating the strategy to be
employed, and may call for the advice of the Communications
Office within the territory to ensure a greater efficacy.
- The Governing Chamber may resolve conflicts that arise as
between the communications department and judges and
magistrate judges within the territory, under normal operating
conditions.
- The Governing Chamber may call for any reports it deems
necessary from the Communications Office, via the President of
the High Court of Justice.
- The Governing Chamber may rely on the collaboration of the
Senior Court Registrar, to afford a greater degree of
transparency to the resolutions adopted by the Governing
Chamber.
Communications Officers will also maintain close relations with the
Presidents of the Chambers of the High Court of Justice and
magistrate judges. Moreover, they may offer them advice and
assistance where necessary in the planning of a trial.
d. The Presidents of the Provincial Courts and Senior Judges
The Presidents of the Provincial Courts are institutional figures
who are to be afforded a certain degree of respect in communications
given that, with the exception of the High Courts of Justice, they are
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the highest judicial authorities in the capitals of the various
Autonomous Regions and the most immediate in the provincial
sphere, where local media outlets work that have bearing on the
shaping of public opinion.
Therefore, the Communications Office may afford them support
when planning possible contact with media outlets, subsequent to the
approval of the President of the High Court of Justice. The
Communications Office is the instrument via which their rulings will
be disseminated and may offer them advice when required in terms
of preparing their public appearances.
Both the Presidents of the High Courts of Justice and the
Presidents of the Provincial Courts will assign individuals to deliver
rulings to the Communications Office, along with information relating
to the dates set for hearings, which must be provided at least one
week in advance. The Presidents will inform the Communications
Office in due time of the dates set for trials that might entail prior
organisation, in view of their public impact.
Senior judges represent the third level within the judicial
communications system. They are the natural spokespersons of all
Boards of Judges, charged with placing the resolutions adopted
before public opinion where they are of public significance.
Therefore, the Communications Office will collaborate with the Senior
Court in terms of its relations with media outlets, all of which will be
governed by the principle of coordination that is to guide the efforts
of information providers in the service of Justice. The
Communications Office may assist senior judges with their public
appearances and, on a general level, the senior judge will provide the
necessary support to ensure the correct operation of the
Communications Office.
e. Investigating judges and judges of criminal matters
These officials are the recipients of cases that are potentially of
interest to the media and are subject to the greatest degree of media
pressure.
In cases that are of public significance and where the media
have shown a clear interest, the only restriction placed on
collaboration with the Communications Office is ensuring that the
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investigation is not compromised. (refer to section 5. Information
provided)
In the event that the investigating judge opts to maintain
direct contact with journalists, the Communications Office will issue
an information request, to ensure that it is available to those
professionals who turn to the Office to acquire it.
The Office will personally assist investigating judges to
channel news demand when they are investigating a case that has
become a media focus.
In the case of judges of criminal matters, the Communications
Office will ask court registrars (article 232.2 of the Organic Law on
the Judiciary) to provide a weekly list of the trials and judgments that
might prove of interest.
f. Other jurisdictions: other jurisdictional spheres
Communications Offices will be particularly active in the
dissemination of rulings and judgments issued by the Courts and
Tribunals within other jurisdictional spheres (Civil Courts,
Administrative Courts and Courts of Labour Matters), in accordance
with their social or legal significance or the regulations applied, even
where the case in question has not received media coverage.
Experience in recent years has shown that such rulings
(concerning adoptions or the custody of minors, relations between
citizens and the Administration or measures to reconcile work with
family life and other workers' rights, amongst other issues) arouse a
great deal of interest within the media once they come to light, whilst
bolstering the image of the judge as a guarantor of citizens' rights.
These are often complex rulings that should be accompanied by
an explanatory note, whereby collaboration between judges or
magistrate judges and the Communications Office is of particular
importance. At times, audiovisual media outlets will call on a judge
specialised in a given area to provide a summary of the most
important aspects of a ruling before cameras and microphones.
In general, judges and magistrate judges in the jurisdictional
spheres that have not been specifically referred to in this protocol can
apply the rules outlined in this document and may avail themselves
of the Communications Office where necessary under the same
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conditions as judges and magistrate judges operating within the
criminal sphere.
8. Collaboration with Court Registrars
The development of a communications policy grounded on
transparency is inconceivable without the participation of court
registrars, given the important competencies they are afforded by
law.
Article 234.1 of the Organic Law on the Judiciary stipulates that
"court registrars and competent civil servants within the Judicial
Office shall provide all interested parties with any information they
request in relation to the status of legal proceedings, which they may
examine and study, save where they are or have been declared
secret in accordance with the law", whilst article 454.4 of the same
regulation affirms that court registrars "will afford interested parties
and all those who claim and justify a legitimate and direct interest,
any information they request in relation to the status of judicial
proceedings that have not been declared secret or classified".
In their annual meeting in 2007, the Senior Registrars of the
High Courts of Justice already spoke of the need to optimise relations
between the Judicial Offices and the Communications Offices of the
High Courts of Justice within the context of the aforementioned article
234 of the Organic Law on the Judiciary, and they even produced a
draft for guidelines on relations between Judicial Offices and the
media.
In summary, this document set out that court registrars,
organically and in terms of their duties, are obliged to ensure that the
right of access to judicial information is properly developed, not only
in terms of the so-called public nature of proceedings or procedural
information (parties and interested parties), but also beyond the
confines of proceedings (generic or wide-spread). In this sense, the
draft of the Guidelines takes the view that the interested party
outlined in article 234 of the Organic Law on the Judiciary necessarily
includes journalists or information professionals.
The draft, which in the High Courts of Justice of Catalonia and
the Region of Murcia effectively became a guideline, affirmed, for
example, that court registrars would direct the information requests
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presented by journalists to the Communications Offices of the High
Courts of Justice, would supervise the most appropriate system of
access to information required by the head of the Communications
Office within their territories and would not object to audiovisual
media recordings of procedural acts that arose in public hearings.
More than ten years have passed since the first Protocol for
Judicial Communications was approved, and eight years, since the
aforementioned draft Guidelines were drawn up, and collaboration
between Communications Offices and court registrars remains
essential in terms of the development of communications policies that
lead to a positive perception of the Judicial Administration within
society and contribute towards ensuring that the stipulations of the
Charter of Citizens' Rights before the Judiciary become effective in
the real world. The second section of the Charter affirms that citizens
have the right to receive general and up-to-date information on the
operation of Courts and Tribunals.
Therefore, Communications Offices will set up communication
and collaboration channels with the court registrars within their
territories and will inform them of the existence of this Protocol for
Communications. Court registrars will be informed of the activities of
the Communications Office and will call on it to collaborate where
necessary in order to properly perform their duties.
9. Communications Offices and the General Council of the
Judiciary
Communications Offices in all territories will act as the "official
source" of the Judiciary, and will be overseen by the Communications
Office of the General Council of the Judiciary, which will establish the
guidelines to be followed in terms of the communications policy,
under the supervision of the President of the High Court of Justice in
each Autonomous Region.
Communications Offices and the people in charge of these
offices will form a part of a communications team with a single voice
and will adhere to the criteria established by the Directorate at all
times.
The press offices and the editors and assistant editors of all
High Courts of Justice will be considered personnel of the General
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Council of the Judiciary. Their appointment and dismissal will be
carried out via an order issued by the President of the Supreme Court
and of the General Council of the Judiciary, at the behest of the
Directorate for Communication within the General Council of the
Judiciary.
Holidays and time off will be communicated and authorised by
the Directorate of the Communications Office of the General Council
of the Judiciary, which is ultimately responsible for the
communications policy governing the Communications Offices in each
territory.
10. Communications Offices and the State Prosecutor's Office
As a component with the judicial structure and an institutional
channel for the information generated in Courts and Tribunals, the
Communications Offices will maintain an entirely neutral stance with
regards to the parties appearing in judicial proceedings. However, in
view of the important role played by the State Prosecutor's Office
within proceedings, they may reach an agreement with this body to
have it provide its classification when the dates set for trial are
indicated.
Dissemination by the Communications Office of any other
documents issued by the State Prosecutor's Office, particularly during
the investigation stage, will be of an exceptional nature and will only
be carried out once the Communications Office of the General Council
of the Judiciary has been informed, clearly indicating in the e-mail or
other method employed for dissemination that such action is taken at
the behest of the State Prosecutor's Office.
11. Communications Offices and the website
All open content and information on the website will be
overseen by the Communications Office of the General Council of the
Judiciary, which will assess the information and its placement on the
site.
Information will be supplied by the Communications Offices of
the Central Courts and the High Courts of Justice. The
Communications Office of the General Council of the Judiciary will
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publish this information and may call on the Communications Office in
any area to provide the rulings that it deems to be of interest.
In the case of rulings with personal details, they will be
forwarded to the Judicial Documentation Centre for processing. The
Communications Directorate within the General Council of the
Judiciary will maintain continuous contact with the Judicial
Documentation Centre to resolve problems and manage the
Transparency Portal on the website www.poderjudicial.es. The
Communications Directorate will inform departmental heads when
malfunctions occur.
12. Communications Offices and social networks
The Communications Office of the General Council of the
Judiciary will maintain a single account on each of the most popular
social networks. These accounts will provide official information
relating to the activities of courts and tribunals and links will be
provided to the information available on the website
www.poderjudicial.es. Information will be published on social
networks once it has been provided via other channels to all
journalists simultaneously.
The Communications Offices in each territory may also maintain
social network accounts and provide official information once it has
been forwarded to accredited journalists. These are institutional
accounts that will remain devoid of exclusive information, opinions or
evaluations in relation to judicial decisions.
13. Communications Initiatives
The Communications Offices, within their respective territories,
will implement the initiatives of the Communications Office of the
General Council of the Judiciary aimed at improving the corporate
image of the Judicial Administration.
The Communications Office of the General Council of the
Judiciary will remain particularly active in the development of
activities that promote a relationship of mutual trust and respect
between journalists and judges and magistrate judges, and in
advising them in relation to communications techniques. These
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initiatives will also be aimed at students within the Judicial School,
who will be provided with copies of the Protocol for Communications
and informed of the existence and duties of Communications Offices
during their time at the school.
14.- Conclusions
1. The Protocol for Judicial Communications approved in 2004
requires an update and adaptation in accordance with the reform
implemented via Organic Law 4/2013, of 28 June. This stipulates that
it falls to the President of the Supreme Court and the General Council
of the Judiciary to oversee institutional communications via the
Communications Office of the General Council of the Judiciary, of
which the Communications Offices of the Supreme Court, the National
High Court and the High Courts of Justice are dependencies.
2. Transparency is the main objective of the General Council of
the Judiciary's Communications Office, in addition to its duty to
provide truthful, unbiased, clear, objective, responsible information in
the shortest possible time.
3. The Communications Offices of the central courts and the
High Courts of Justice are the "cornerstone" of the communications
policy of the General Council of the Judiciary. They are the "official
source" of the Judiciary and the bridge between it and journalists.
4. The Communications Offices form a communications team
that is incorporated into the judicial structure and will at all times
respect legality and act to promote the image of the judiciary.
5. A relationship of mutual trust and collaboration exists
between the heads of the Communications Offices and judges,
magistrate judges and court registrars.
6. Communications Offices will set up channels for
communication and to build relations with court registrars, whose
collaboration will be requested to ensure that their duties can be
carried out in an appropriate manner, in accordance with the
stipulations of the Protocol for Communications.
7. Information will be provided where possible, in accordance
with the guidelines of this protocol, at all times respecting the
restrictions established by law. Information may be provided to
journalists where it will not affect investigations.
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8. A refusal to provide information can only be justified in
exceptional circumstances, and the classified nature of proceedings
relating to criminal matters does not provide sufficient grounds, nor
does the declaration of sub judice secrecy.
9. Access to courtrooms on the part of audiovisual media
outlets is governed by the principle of general access, and grounds
must be provided for any restrictions placed in this regard.
10 Communications Offices are obliged to disseminate
information to all journalists simultaneously. Information will be
afforded to citizens via the website www.poderjudicial.es and social
networks once it has been forwarded via other channels.