Can a public museum be used for an electoral spot? This is what the law says about Sánchez's video with Picasso's Guernica

The publication of the president of the Government in front of Picasso's work unleashes criticism on social networks for the use of the Reina Sofía Museum in the midst of the pre-campaign for the 29N. The Electoral Law prohibits using institutional resources to favor a candidacy, but recording a political video in a public space does not automatically constitute an infringement.

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The latest video from Pedro Sánchez has opened a debate that goes beyond his message against the war: can a president of the Government use a public museum to disseminate political content a few weeks before a general election? The leader of the PSOE published this Saturday, October 24, a recording in which he appears walking through the Reina Sofía Museum in Madrid until he stops in front of the Guernica by Pablo Picasso. From there, he advocates for the foreign policy of his Executive, his position on Palestine, and his rejection of increased military spending, under the slogan "The light of our values."

The publication comes in the midst of the pre-campaign for the general elections on November 29 and has sparked criticism on social media, where some users question that a public cultural institution appears as the backdrop for a message disseminated by a candidate. "Vote for Picasso," one of the critical messages regarding the video ironically states, which considers it "unjustifiable" to use a national museum to create political divisions among citizens.

The issue has a legal dimension: the Organic Law of the General Electoral Regime (LOREG) establishes limits on the partisan use of public resources, especially since elections are called. However, to determine if Sánchez's video violates that regulation, it would be necessary to know how the recording was organized, who financed it, and what institutional means were used.

What the Electoral Law says about using buildings and public resources in campaigns

The main provision regulating this type of situation is article 50.2 of the LOREG, which prohibits, from the calling of elections until voting, acts organized or financed directly or indirectly by public authorities that include references to the achievements of an administration or use images and expressions similar to those of a candidacy.

The prohibition is already in effect. Although the official electoral campaign does not begin until November 13, the elections on November 29 were called through a royal decree published in the Official State Gazette on October 6. Therefore, the requirements for institutional neutrality apply from that date and not only during the fifteen days of the campaign.

The Instruction 2/2011 of the Central Electoral Board develops this regulation and establishes that administrations must respect the principles of objectivity, transparency, and equality among political forces. Its purpose is to prevent a party from gaining electoral advantages using means that belong to all citizens.

This does not prevent Pedro Sánchez, as Secretary General of the PSOE and candidate for the Presidency, from defending his proposals, criticizing his opponents, or claiming his political positions. The legal difference arises when those partisan activities are carried out using institutional resources that are not available to other candidacies under equivalent conditions.

What rules does the Reina Sofía Museum have for recording videos?

The chosen setting introduces another relevant element. The National Museum Center of Art Reina Sofía is a public body attached to the Ministry of Culture, with its own legal personality and management autonomy. Its operation is regulated by Law 34/2011, which establishes among its objectives the guarantee of access to the collections and the protection of the works it conserves.

The museum's rules allow for photographs to be taken without flash and without certain stabilization devices, except in areas where specific restrictions are established. However, recordings for informational or commercial purposes require prior authorization from its Press department.

In the case of the video disseminated by Sánchez, the questions are whether that authorization was requested and granted, under what conditions the recording was made, and whether museum resources or those of other public bodies were used.

The fact that a museum is public does not mean that recording any political content inside it is prohibited. What would be decisive is to establish whether the institution acted with neutrality and whether the use of its facilities constituted an unjustified advantage for a candidacy.

It cannot be deduced solely from the images that the recording was financed with public money or that it was made without the corresponding permits. Those aspects require specific verification and, for now, there is not enough information to consider them accredited.

The precedent: the Electoral Board already sanctioned Sánchez for using resources from Moncloa

The debate about institutional neutrality is not new and Pedro Sánchez was already sanctioned by the Central Electoral Board for using public resources in an intervention of electoral content. In January 2020, the body imposed a fine of 500 euros for a television interview conducted in the premises of the Palacio de la Moncloa and subsequently disseminated on the institutional page of the Presidency of the Government.

The Electoral Board concluded that public resources had been used to disseminate messages intended to electorally favor the then president. The Supreme Court subsequently confirmed that sanction, considering that the political neutrality of institutions during electoral processes constitutes an essential principle of the legal system.

In 2023, the Electoral Board also opened a file on Sánchez for electoralist statements made during an institutional press conference at the Permanent Representation of Spain to the European Union. On that occasion, the body recalled that partisan statements may be legitimate in an electoral act, but not when made taking advantage of the institutional activity of a public authority.

These background details allow understanding the criticisms of the new video, although it does not mean that the use of the Reina Sofía automatically constitutes an infringement. The Electoral Board would have to examine the specific circumstances of the recording and its dissemination.

And using the Guernica as a political symbol? What the law says

Another different issue is the use of Picasso's own painting. There is no general prohibition that prevents a political party from quoting, commenting on, or inspiring its discourse in an artistic work exhibited in a public museum. In fact, the Guernica, painted in 1937, has been linked since its creation to various political claims and anti-war movements.

The Reina Sofía Museum itself explains in its documentary project Rethinking Guernica that the image of the painting has historically been used to defend different causes and influence public opinion. Therefore, the political linkage of the work is not, in itself, a novelty or an irregularity.

The issue of intellectual property rights is different. Picasso passed away in 1973 and his works continue to be protected by exploitation rights in Spain. The reproduction of his image may require authorization from the holders of those rights, depending on the circumstances and applicable legal exceptions. This aspect is independent of the museum's obligations of electoral neutrality.

What Sánchez says in the video that has caused the controversy

In the recording, the president recovers the slogan "No to war" and presents his Government's foreign policy as a defense of human rights against international pressures.

Sánchez advocates for the Spanish position regarding Gaza, where his Executive has denounced what it qualifies as genocide against the Palestinian population. He also recalls his rejection of the goal of raising military spending to 5% of GDP, arguing that this increase would compromise resources intended for the welfare state.

"When I look at this painting, I do not see just a work of art. I see what happens when barbarism prevails over reason," the president states during the recording. The message concludes with an appeal for coexistence and "the light of our values", an expression that serves as the closing of the video disseminated from his personal X account.

The content has an evident political dimension by claiming decisions of the Executive, although it does not contain an express request for a vote for the PSOE. That circumstance does not determine its legality by itself, because electoral regulations allow examining the partisan nature of an action even when there is no direct request for support at the polls.

Could the Electoral Board intervene due to Sánchez's video?

Yes, it could examine it if it receives a complaint or a claim, but it is not possible to conclude that the law has been violated solely based on the published content. Instruction 2/2011 assigns electoral boards the competence to resolve these controversies and makes it clear that their intervention can occur after a complaint, a consultation, or an appeal.

To assess the case, three circumstances would be especially relevant: whether the recording was authorized by the Reina Sofía, whether public resources were used to produce it, and whether the conditions for accessing the museum respected equality among candidacies.

The legal response, therefore, requires distinguishing between a candidate's freedom of expression and a public institution's obligation of neutrality. The law does not prevent political discourse about the Guernica, but it does set limits on the electoral exploitation of resources from all citizens. That is the underlying issue raised by Sánchez's video just over a month before the general elections.