December 3, 2020

The judge agrees with Òmnium and concludes that his critical video with a civil guard is freedom of expression



The judge has given the reason to Òmnium Cultural and has dismissed the lawsuit that a civil guard filed against the entity for using his voice during his statement in the trial of the procés in a video. The agent claimed 10,000 euros from the entity for an alleged violation of his right to privacy and his own image that the magistrate discarded.

The reason for the controversy was a video of the testimony that the sergeant gave on March 19, 2019 in the trial before the Supreme Court, when he said that during the searches of September 20, 2017, he saw “a demnium flag.” Before the question of Jordi Cuixart’s lawyer, Marina Roig, about what the flag was like, the Civil Guard responded with a description that does not correspond to any banner of the entity. That is why Òmnium used the sergeant’s confusing statement in a video to denounce the “lies” in the trial of the procés.

The judge concludes, in line with the allegations of the entity, that with the making of the video Òmnium intended “to express its discrepancy in relation to the statement made by the agent now plaintiff before the Supreme Court” on a matter, emphasizes the magistrate, “of relevant general interest”.

In the ruling, the magistrate emphasizes that “a public interest” can be seen in the use of the voice of the civil guard by Òmnium since the entity used it “for a legitimate purpose of political criticism.” “Òmnium made a legitimate exercise of its freedom of expression without violating the right to the image of the plaintiff”, the judge decides.

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