Spain: Unprecedented Prison Sentence Handed To Journalist For Publishing Leaked Judicial Report
First time in Spanish history a journalist is sentenced to prison time for revealing secrets from a leaked report of a judicial investigation
Location: Spain, Huelva
Date: July 2, 2023
A court in Huelva disproportionately sentenced a woman journalist to two years in prison for publishing information from a leaked judicial report in a murder investigation. It marks the first time in Spain that a journalist has received a jail sentence for revealing such details in their reporting. While recognizing the careful ethical considerations journalists must adhere to when reporting on crime victims, the Coalition For Women In Journalism believes the excessive sentence handed down to the journalist sets a dangerous precedent. We urge the Superior Court to reconsider this harsh sentencing.
On 2 July 2023, an unnamed woman journalist of the regional paper Huelva Información was sentenced to two years in prison for publishing secret information taken from the judicial summary into the murder of a young woman in 2018.
“I am still assimilating the blow of the sentence,” said the journalist in a statement after the verdict. The journalist was fired by her newspaper while on leave due to anxiety stemming from the court proceedings. “The process has taken away my desire to practice journalism,” she added.
“The process has taken away my desire to practice journalism”
The verdict and sentencing stemmed from a series of reports the journalist published between March and April 2019 on the investigation into the murder of Laura Luelmo in 2018, which drew major media attention.
The Huelva Información journalist, who was the first to gain access to the secret judicial file, published several articles involving previously unreported details about the build-up to her kidnapping and the nature of her death. These details were then re-reported in multiple other media outlets. The murderer, Bernardo Montoya, was later sentenced to a permanent prison sentence for sexual assault and murder.
Luelmo’s family filed a lawsuit against the journalist, stating the reporter included unnecessary and private details that were not in the public interest, such as conflicting versions of the crime given by the murderer to the police, details of injuries, toxicology reports, and a CCTV image of Luelmo prior to her abduction. The family asked for a sentence of up to four years and nine months in prison.
The judges ruled that the reports violated the personal privacy of the deceased and her family, causing harm without any legitimate reason other than pursuing sensationalism and breaking the law. The ruling stated that media outlets must demonstrate that the individual in question is a public figure warranting media attention to justify their defense of freedom of expression.
The journalist was ordered to pay a fine of €3,200 and compensation of €30,000 to the parents of the murdered young woman. She is also disqualified from working as a journalist during the sentence period. As the sentence is under two years, the journalist will serve a suspended sentence under the criminal code as it was her first criminal offense.
A second colleague at the newspaper was also prosecuted but not found guilty.
“The sentence is very dangerous because it sets a precedent for those who practice court journalism seriously, and many will self-censor from now on”
“The sentence is very dangerous because it sets a precedent for those who practice court journalism seriously, and many will self-censor from now on,” the unnamed reporter said in her statement. “We already know that without journalism, there is no democracy.”
While reporting murders and violence against women is complex — balancing the need to inform the public and hold perpetrators accountable with the ethical responsibility to protect and respect victims — reporting on leaks from judicial files after high-profile criminal cases is commonplace in Spain.
The journalist’s former employer, Huelva Información, announced it would appeal the decision to the Superior Court of Justice of Andalusia (TSJA). The paper argues the sentencing undermines the freedom of the media.
The verdict led to debate and criticism in Spanish news media. Critics of the decision said the journalist was made an example of and had likely been reporting on editors' orders.
“This court ruling (...) endangers the right to freedom of information since it can lead many professionals to self-censorship for fear of being persecuted,” the Andalusian Press Association says.
Press freedom groups did not challenge the judges' assessment of the public interest nature of the information published but raised concerns about the potentially disproportionate sentence handed to the journalist.
The Coalition For Women In Journalism is concerned by the precedent this court decision sets for journalists reporting on court cases in Spain. Media are bound by ethical considerations when reporting, especially when sensationalist details can retraumatize victims and their family members. However, sentencing the journalist to two years in prison and ordering her to pay a hefty fine is an excessive punishment, especially since reporting on secret court documents is common practice in the country. The sentence is also not proportionate to the “crime.” Journalists should never face prison time for doing their job. The criminalization of journalism severely endangers democratic societies, restricting people’s right to information. We urge the Superior Court to accept the journalist’s appeal and reconsider the sentencing decision.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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