The court of first instance and instruction of Sepulveda (Segovia) has condemned Datxu Peris, Councilor of the City of Catarroja (Valencia), to pay 7000 euros to the family of Víctor Barrio for an 'illegitimate interference' in the right to honor the right-handed died in Teruel in 2016.
In addition to the compensation to be paid to the widow and parents of Víctor Barrio, the mayor must remove from his Facebook page any message that constitutes an 'illegitimate interference' to the honor of the bullfighter, as well as to publish the sentence in the same media in which those messages were disclosed.
The court ruling has detailed that during the hearing, Peris intended to focus the debate around the defense of animal rights. The text emphasizes that it is not about the situation of bullfighting but about the message published in a social network that violates the right to honor.
The sentence states that Barrio was engaged in a legal profession today and points out that social networks can not be a "subterfuge where everything fits and everything goes" from the belief of being "protected, hidden or protected" by a social profile
The court has argued that you can not equate the life of a human being with that of an animal because the law does not. In addition, the text explains that when Peris describes Barrio as 'murderer' he uses the term in a 'wrong and pejorative' way, which causes an interference in the honor of the deceased bullfighter
Remember that the right protects human beings with rights but also does not exempt them from obligations to their fellow citizens, a matter that is not applicable to animals.
The first sentence against insults and insults through social networks in Spain was executed on May 6, 2014, in favor of a complaint made by the current president of the Community of Madrid, Cristina Cifuentes, who at that time was provincial delegate.
Many people, under pseudonym or false identities, see in social networks the perfect parapet to make insults, insults and vexations, believing that nothing can happen. But it is not like that, the denunciations on the part of the "harmed ones" are every time greater and more in the criticized sector of the bullfighting. The whistleblowers do so directly through the Police or through the Toro de Lidia Foundation, which has a legal team for these cases. See all the cases that this Foundation has in process.
It must be borne in mind that the right to honor is above freedom of expression whenever slander or insults are incurred.
They are typified by Article 205 of the Criminal Code, slander is the imputation of a crime made with knowledge of its falsehood or reckless disregard for the truth. "For its part, the crime of insults -collected in Article 208 of the Criminal Code- is "the action or expression that harms the dignity of another person, undermining their reputation or attacking their own estimation." It should be borne in mind that bullfighting is a legal activity protected by the Constitution as an intangible cultural asset.
In networks it falls more frequently in the crime of insults. In addition, as stated in Article 209, if the insults are made with advertising will increase their penalty. That is, if they spread in a social network - as we imagine by the virality that these publications reach - their damage will be much greater. Therefore, before publishing a serious insult or accusation, we recommend thinking well that these are acts pursued by law.