La transparencia y gobernanza en los medios de comunicación social como garantías del derecho a la información veraz

Abstract

Media capture is a problem that exists in all media markets with greater or lesser intensity. In the case of the Spanish market, as in the rest of the Mediterranean markets, this phenomenon has acquired greater intensity. The digitalization is exacerbating this problem, which, together with disinformation, represents the two main threats to the public's right to be informed. There are different legal and constitutional frameworks to regulate the public communication process. In the case of Spain, the public's right to receive truthful information has been set forth in the Spanish Constitution as a right that is closely connected with the duty of truthfulness or diligence of journalists within independent media. However, the current legislative framework is not effective in guaranteeing this duty of care, the independence of the media and the public’s right to truthful information. The threats of disinformation demand an update of this regulatory framework through new tools...