Freedom of association is guaranteed by law and respected in practice. Everyone has the right to freely form and join an organisation, however this right may be subject to restrictions if the organisation’s objectives are proscribed in any legislation as a crime or when any criminal means are used to pursue those objectives. Secret or paramilitary organisations are prohibited. Civil society organisations have the freedom to seek, receive, and use financial resources, including from foreign sources. In general, human rights defenders are able to operate freely and without harassment from the authorities. Sporadic attacks against do however sometimes occur. For example, in 2014, the office of the organisation ‘SOS Racismo Madrid’ had their building defaced with banners carrying xenophobic remarks.

The right to freedom of peaceful assembly is enshrined in Article 21 of the Spanish Constitution which explicitly states that the exercise of this right does not require authorisation, but that the authorities should be notified in advance of assemblies taking place in public areas. The Organic Act No. 9/1983, establish a prior notification period of 10 days, and 24-hour notification only in exceptional circumstances. However, the legislation does not explicitly allow spontaneous demonstrations. Other, more recent legal instruments unduly restrict the right. The Basic Law for the Protection of Public Security, which entered into force in March 2015, imposes time and place limitations and penalises spontaneous demonstrations. The law also introduces new offences and includes disproportionate penalties including fines of up to €600,000 for not declaring gatherings at facilities that provide basic community services. Previously, in 2013, the Ministry of the Interior issued a circular that restricts gatherings within 300 metres of the houses of public officials and politicians. Since 2011, the number of protests has substantially increased in Spain due to a declining economy and regressive social measures. During those protests, the media and civil society organisations reported cases where excessive force and arrests were used by the police to quell demonstrations. Allegations were also made that police had ill-treated protestors while they were in detention.

Freedom of expression is guaranteed in Section 20 of the Constitution, and generally respected in practice, however defamation and slander are criminal offences under the Spanish Penal Code. Media can operate freely, but there are an increasing number of reports of political interference in private media. Violence against journalists has occurred sporadically, while journalists covering protests have been detained, harassed and intimidated by security forces. In some cases security forces prevented journalists from taking pictures of the protests. The Basic Law for the Protection of Public Security also restricts the right to expression and information as it considers the unauthorised dissemination of images of police officers and state security bodies as a ‘serious offence’. In 2013, Spain enacted an access to information law. However, organisations have raised concerns as the process to request information is complicated, the law does not have an oversight body, and includes many broad exceptions.