The
Provincial Court of Salamanca
has sentenced
RTVE
and a woman to compensate a woman
from Salamanca
jointly and in solidarity with
10,000 euros
for damaging her honor and violating her right to privacy by disseminating
data and facts about her private life
, when talking about the noises he made when he had
sex
.
According to La Gaceta de Salamanca, the young woman mentioned in the report
broadcast in 201
7 on public television sued both the neighbor who appeared in the report and
RTVE
itself
.
The Court of First Instance number 5 rejected the demand.
Now, the Provincial Court of Salamanca
has partially upheld the appeal
filed by the girl's lawyer and has sentenced the girl to be compensated with 10,000 euros.
The Provincial Court of Salamanca maintains in the sentence that
the honor
of the young woman
was injured
because, although no names were given, she could be identified, since the report showed the neighborhood in which she lived and the street.
In addition, it is emphasized that the information and expressions issued
do not refer to matters of public relevance
or general interest, but are the object of neighborhood relations.
The report of the case was broadcast on
La Mañana de RTVE
in 2017. In it, a neighbor from Salamanca testified that a girl from Salamanca was fined for exceeding the decibels allowed when she had sex.
The woman claimed in the 10-minute report that when the girl had sex, objects would fall off the shelves.
Later, a video was shown in which the complainant would appear complaining about the impossibility of sleeping due to the fieryness of her neighbor upstairs.
The Judgment indicates that "the defendant appears in said video complaining of the impossibility of sleeping due to the fiery nature of the same. It points out as the cause of the cracks in her home the 'wiggles that hit' the ones above. show said cracks, and, in addition, statements are made such as that the radiator gets to vibrate due to the fierceness that exists upstairs. In this video, the defendant gives details of expressions that she hears, to the point that before The tone of the questions and answers reminds the journalist that they are on children's hours. And, finally, in this report she asks about the possible practice of prostitution in the referred address of the neighbor. "
in its resolution, it clarifies that "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 , lack the necessary public relevance to carry out their publication in the media. Unless you want to take advantage of the morbidity that the more or less explicit and more or less direct or indirect allusion may have, but in any case , an allusion made to the causes of those noises, in reference to the plaintiff's promiscuous and fiery sexual life
.
"
According to the criteria of The Trust Project
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