‘I am a journalist’: A Comparative Analysis of Journalists’ Complaints to Chilean and Spanish Transparency Councils

Abstract

The press is a democratic institution, as it fulfils the function of monitoring power and forming public opinion through truthful information. In this context, the role of journalists as users of so-called “transparency laws” is predictable, but previous research has identified that their mechanisms are not easily implemented in newsrooms. This study adopts a legal perspective to understand how journalists relate to the transparency system. The analysis of transparency complaints in Chile and Spain reveals contrasting approaches. In Spain, journalists use their professional role to justify access to information, arguing that their right as public interest requesters should be specially protected. On the other hand, in Chile, journalists did not justify their requests by asking for a special consideration for their professional role, but rather it was the authorities who used the journalists’ function as a justification for denying access. This highlights the complex relationship between journalism and governmental bodies, confirming that their experiences while requesting public information are winding and unsatisfactory.