The Salamanca Hearing has condemned Spanish Television to pay 10,000 euros in fine for broadcasting a report on the program “La Mañana” in which a woman denounced the noises coming from the sexual relations of a neighbor in which she also hinted that she was engaged to prostitution, an amount that will also have to pay the woman who reported the events to the camera.
In the sentence, made public this Monday by the Superior Court of Justice of Castilla y León, it is considered that the information disclosed in the report represents an “illegitimate interference” in the right to honor, privacy and one’s own Image of the one alluded to in the report, although it was not expressly mentioned.
As a consequence, the highest judicial body in Salamanca has sentenced Televisión Española and the woman who reported the noise in the program to compensate her with 10,000 euros.
In this way, the appeal of the plaintiff, who requested compensation of 20,000 euros for non-pecuniary damages, has been partially upheld against the judgment of the Court of First Instance 5 of Salamanca, which understood that the content of the program was covered by the right to freedom of expression and information.
The Hearing has specified that in this case the plaintiff’s right to privacy prevails because the information provided in the report and the testimonies that appeared “do not refer at all” to matters of public relevance or general interest or for reasons of the subject or by reason of the person alluded to.
The sentence states that in the report, lasting 10 minutes, “it was stated that a girl from Salamanca was fined for exceeding the allowed decibels, the journalist saying that the curious thing about the case was that the noise came from the bed of the neighbor upstairs, a nocturnal activity of the aforementioned girl that caused things to fall from the complainant’s shelf. ”
After this informative lead, “it gave way to a video of about ten minutes in which the private aspects of the now actor were made public”.
“The defendant appears in said video complaining of the impossibility of sleeping due to the fieryness of the same. She points out as the cause of the cracks in her home the ‘wiggles that hit’ the ones above. Images of her home are shown to show said cracks, and affirmations are also made such as that the radiator gets to vibrate due to the fierceness that exists in the upper floor “, he added.
In the video of the report, “the defendant gives details of expressions that she hears, to the point that, given the tone of the questions and answers, the journalist is reminded that they are on children’s hours” and is even asked in the report “for the eventuality of the possible practice of prostitution in the aforementioned domicile of the neighbor “.
For the Salamanca audience, “the noises that a person makes at home” can annoy other neighbors, but “these behaviors belong to people’s private lives, so that, in principle, and unless proven otherwise, here is non-existent , they lack the necessary public relevance to carry out their publication in a communication medium “.
The Hearing also orders the defendants to pay the costs of the trial in the first instance, to read the ruling of the sentence in the program in which the report was issued, in an analogous one or in the primetime newscast, and to pay for the publication of the court decision in a local newspaper.