- Television A court in Barcelona studies the request of Rosa Peral to paralyze the Netflix series on the 'crime of the Urban Guard'
"The jurisprudential doctrine protects the use of facts related to Mrs. Peral in the construction of the fictional world in which the series takes place. Especially if we take into account that the facts used have been extracted from a criminal case of maximum general interest that ended with a conviction confirmed by both the High Court of Justice of Catalonia and the Supreme Court. " In this way, Netflix lawyers wanted to respond to the decision of Rosa Peral, convicted of the 'crime of the Urban Guard' to file a lawsuit in a court in Barcelona to be allowed to see the series 'The body in flames' that premieres on this platform next week. Peral believes that the series, starring Úrsula Corberó and Quim Gutierrez, may violate the right to honor, privacy and self-image of both her and her two daughters.
Peral showed his "concern" about the "treatment that this series gives" of his "public image" since "his real name is used, his real environment is fictionalized including his two younger daughters" and "recalls that an actress will play her" without the convicted agent "has never given any permission for any of those extremes." In her claim, Peral details that "she is a person of media interest" and that the series can "transmit and give as certain facts that do not conform to reality", in addition to belonging to "her most intimate sphere, and that, used in an unreal way or subject to the creativity of the team of scriptwriters, with the aim of making the production more profitable" can cause her or her younger daughters "enormous present damage and future, even going so far as to harm her in her prison regime or in the granting of future permits".
Faced with this request, Netflix's legal advisors remember that they respect "the rights of all those people who appear in the audiovisual content that it produces or disseminates worldwide", which includes Rosa Peral, but remember that "the responsibility derived from the production" of 'The body in flames' corresponds to the production company Arcadia Motion Pictures that ensures, According to the audiovisual content platform, which acted with the "utmost diligence". In addition, Netflix adds that the series is "absolutely protected by both freedom of expression and by the 'freedom of art or freedom of creation' and consider that to disseminate works of "free inspiration in real characters" no prior consent is necessary.
Therefore, they remember that it is "a fictional series based on facts regarding which there is an incontestable judicial truth that has had extensive media coverage that has converted" Peral into "a public figure". From there Netflix warns Peral of the "serious economic damage that the claim in the courts" can suppose for the platform such as the request for precautionary measures to stop the premiere of the series and that is why they reserve any claim for damages against Peral.
The Court of First Instance 54 of Barcelona received Peral's petition and opened a procedure to process them, prior to the acceptance or not of the claim. In addition, he urged the Prosecutor's Office to rule on the competence of the court to assume this claim. The decision will be known in the coming days but at the moment the premiere of the series for next week is maintained.
- Ursula Corberó
- Supreme Court
- Articles Germán González