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Revista de la Facultad de Derecho

Print version ISSN 0797-8316On-line version ISSN 2301-0665


SANCHEZ LORENZO, Jesús. The Right to the Clause of Conscience in the Formation of Public Opinion: Debate on the Necessity or Irrelevance of its Legal Regulation in 21st Century Communication. Rev. Fac. Der. [online]. 2019, n.46, pp.135-183.  Epub June 05, 2019. ISSN 0797-8316.

The conscience clause guarantees the independence of journalism from the mercantilism of the media. It is a right that the Spanish Constitution collects as fundamental, so that its exercise is directly under the protection of the Supreme Rule. Fundamental rights, says the Constitution, can be developed legally but that does not mean that (1) it is mandatory and (2) they do not have juridical effect until a law says it. Fundamental rights have effect by constitutional mandate in anticipating their defence directly by the Courts. The right to the conscience clause is legalized almost twenty years after the entry into force of the Constitution. The question is whether the legalization of the right to the coincidence clause has relevancy. For those who are directly affected, journalists, it can be concluded that none because in the communication of the twenty-first century it seems that the relevancy of freedom of press for the formation of free public opinion is restricted by the media as companies, where journalists are mere workers. Therefore, they accept that the exercise of the clause is a problem for their professional and social development instead of being a means to defend their independence.

Keywords : Conscience Clause; Democracy. Right to Information; Freedom of Expression; Free Public Opinion; Media; Journalism.

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