El derecho de acceso a los medios de comunicación públicos de los grupos sociales y políticos más significativos

Abstract

In Spain, a reformation about all the media linked to the state is taking place. One of the questions that will be treated along this reformation is the regulation of the most remarkable social and political groups right to access to state media, since in the Spanish Constitution (Art. 20.3) we can find, inside the range of concrete guarantees about the freedom of expression and information, that the law will guarantee that mentioned access. This article tries to demonstrate that the recognition of the right to access to the public media involves a review of the liberal model of public communication and, consequently, the Spanish Constitution of 1978 decided to reconsider the whole of the liberties related to public communication, paying attention to the social and political functions that they entail in the social and democratic State, subject to the rule of law. Later, it has been proved that the regulation about this subject, which has been in force for more than 25 years, has not fulfilled this constitutional order. Finally, some «lege ferenda» proposals are made, in order to create a regulation for the right to access as coherent as possible with the social and democratic State, subject to the rule of law.