Photographing Mariló Montero naked: 340,000 euros fine to two papparazis for their "inadmissible persecution"

The amounts imposed by the Justice on

for photographing half-naked public figures during their vacations already have a new record: 340,000 euros.

That is the amount that the Superior Court of Justice of Madrid (TSJM) has imposed on Diego Arrabal and Gustavo González for their "intolerable persecution" of the presenter Mariló Montero during two trips to the Maldives and Bora Bora in 2014 and 2015.

This is reflected in the ruling of the Madrid court, advanced by

and to which EL MUNDO has had access, in which it is stated that "at all" the journalist must "endure a persecution aimed at capturing her image in moments of her strict 'private' sphere because these images lack 'the slightest public interest'

The moments to which the sentence refers, after the lawsuit filed by Montero against the Code Press agency, are a first trip in December 2014 by the Navarrese to the Maldives with her children. In it, the photographers followed the family on a boat and "came to capture, without their knowledge and consent, images of themselves in a bikini and that of their children on the deck of the ship", which, according to the Justice, supposes " a serious violation of the rights of image and personal and family privacy ".

These photographs were later published in the magazine

after a mutual agreement between the magazine and Mariló Montero to retouch them. "That Ms. Montero, due to the circumstances that she has explained in the act of the trial, agreed to the publication in the magazine

of the Maldivian images does not mean in any way that she consented to their capture, which is what the law sanctions," explains the magistrate.

The second case refers to "a surprise trip" by the presenter with a childhood friend to a luxury hotel in Bora Bora with a private beach to increase privacy. According to the sentence, Mariló Montero "appeared developing activities of her daily life, such as sunbathing, dispensing with the bikini top for certain moments, feeling free from other people's gazes because she was on private property"

"As soon as he became aware of what happened and the existence of a photographic report, his representative agent sent a statement to the media in order for them to refrain from publishing the aforementioned photographs," continues the letter that states that the Publication of the report, thanks to the preliminary precautionary measures issued by another judge, does not exclude having committed a crime against privacy because most of the images belong to "intimate scenes of private life, such as being in pajamas, or being on a deck chair having come off her bikini top. "

Although the photographers pointed out during the trial that both images were protected by the right to information because they were taken in public places, the judge denies their version and agrees with the plaintiff. "As much as we are told that the images taken in Bora Bora were taken in public places, and that the beaches are for public use, no great interpretive effort is required, since the vast majority are intimate scenes of life private ", replies the judge.

For all these reasons, the TSJM imposes a fine of 340,000 euros on the two

following the requests of the lawsuit filed by Mariló Montero's lawyers. A new economic record in a ruling against the right to privacy of public figures that exceeds the 310,000 that the Supreme Court imposed on Grupo Zeta in 2012 for some images of Elsa Pataki while posing for another magazine.

Although the sentence is not yet final and can be appealed, both Arrabal and González still have another case pending with Mariló Montero.

The Barcelona Court reopened last July a case for some photographs of the presenter in a hotel in French Polynesia that could represent a crime of discovery and disclosure of secrets.

In this case, the criminal procedure could entail penalties of up to five years in prison for the papparazis and their disqualification from exercising their trade.

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