Spain: Royal Decree-Law published today by the BOE allows closing web pages without the need for a court order

The decree by Pedro Sánchez, the Acting President of Spain, establishes that websites can be closed on an "exceptional basis" without the need for a court order

One of the countries with the highest cinternet security in the world is China, who filters which pages can be viewed in the country. We have seen how in Spain web pages have been closed, always with a court order in between. The court order will no longer be necessary after the express approval of a Royal Decree-Law that allows the legislature to close a website without the need for a court order.

Royal Decree-Law 14/2019 of October 31 has been published today in the BOE. Just hours after the electoral debate between the candidates for the presidency of Spain. Said document establishes that “the Government, on an exceptional and transitory basis, may agree to the assumption by the General State Administration of direct management or intervention of electronic communications networks and services in certain exceptional cases that may affect public order, public safety and national security "

All this was born as a result of the Tsunami Democratic platform that advocates the independence of Catalonia. The Acting President of Spain, Pedro Sánchez alleges a matter of "public order" for the rule. A rule that will allow you to intervene on web pages and other platforms "on an exceptional basis"

Chapter IV: Measures to reinforce security in telecommunications

Article 6. Modification of Law 9/2014, of May 9, General of Telecommunications

One. New wording is given to section 6 of article 4, which is worded as follows:

The Government, on an exceptional and transitory basis, may agree to the assumption by the General State Administration of direct management or intervention of electronic communications networks and services in certain exceptional cases that may affect public order, public safety and National security. Specifically, this exceptional and transitory power of direct management or intervention may affect any infrastructure, associated resource or element or level of the network or of the service that is necessary to preserve or restore public order, public safety and national security.

Likewise, in the case of non-compliance with the public service obligations referred to in Title III of this Law, the Government, following a mandatory report from the National Markets and Competition Commission, and also on an exceptional and transitory basis , may agree to the assumption by the General Administration of the State of direct management or intervention of the corresponding services or the operation of the corresponding networks.

The agreements for the assumption of direct management of the service and its intervention or those to intervene or exploit the networks referred to in the preceding paragraphs shall be adopted by the Government on its own initiative or at the request of a competent Public Administration. In the latter case, it will be necessary for the Public Administration to have competences in matters of security or for the provision of public services affected by the abnormal operation of the service or the electronic communications network. In the event that the procedure is initiated at the request of an Administration other than that of the State, it will be considered an interested party and may issue a report prior to the final resolution.

Royal Decree-Law 14/2019, of October 31, by which urgent measures are adopted for reasons of public security in matters of digital administration, public sector contracting and telecommunications.

Five. New wording is given to section 1 of article 81, which is worded as follows:

"1. Prior to the initiation of the sanctioning procedure, the competent body of the Ministry of Economy and Business may order, by resolution without prior hearing, the cessation of the alleged infringing activity when there are reasons of imperative urgency based on any of the following assumptions:

a) When there is an immediate and serious threat to public order, public safety or national security.

b) When there is an immediate and serious threat to public health.

c) When the alleged infringing activity may cause serious damage to the functioning of the public security, civil protection and emergency services.

d) When other services or electronic communications networks are seriously interfered with.

e) When it creates serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum. "

Royal Decree-Law 14/2019, of October 31, by which urgent measures are adopted for reasons of public security in matters of digital administration, public sector contracting and telecommunications.

A rule that could be overturned by the Constitutional Court

The published norm comes to modify the so-called Gag Law, which has served, among other things, to bring singers and tweeters to justice. The Almeida Law Firm, specialized in digital law, stresses that an Organic Law cannot be modified by Royal Decree-Law. Although it seems that the retouched part would not have an organic character. This firm highlights that “no administrative official can close a website without committing a crime. This will fall into the Constitution, as did the political spam of the Data Protection Law. "

Let us remember that the Spanish Socialist Workers Party already said that when it governed it would repeal the so-called Gag Law. In a year and a half in government, Pedro Sánchez has not modified a single point of the norm, until now, which has made it tougher.

The problem is that the normal can be applied at will and cause serious damage. It could be the case of censoring legitimate web pages or services. Remember also that in Spain there is the right to Freedom of Expression, something against which this express rule could violate.