• Television TVE settles the incident of the sign on Princess Leonor with the dismissal of an external scriptwriter and a coordinator

The Superior Court of Justice of Madrid

(TSJM) has annulled the dismissal of the scriptwriter who in an

RTVE

program used the label "Leonor is leaving Spain, like her grandfather" to illustrate the information about the Princess's studies abroad, in reference to the stay of the King Emeritus in

Abu Dhabi.

The sentence of the Social Chamber, notified this Tuesday, revokes a first judicial decision that supported the dismissal.

On the contrary, the TSJ orders to reinstate the worker, pay him the wages from the dismissal and compensate him with 10,000 euros for moral damages.

The First Section of the Social recognizes that the label used in the magazine

La Mañana

was «a clearly inappropriate and impertinent note, which far from contributing something to the news, clouded and overshadowed it», but considers that «it did not contain any expression with a meaning objectively insulting or humiliating towards the Princess, whose honesty was not really in question".

The sentence recalls the doctrine of the Constitutional Court regarding the fact that "the conclusion of an employment contract does not imply, in any way, the deprivation for one of the parties, the worker, of the rights that the Constitution recognizes as a citizen" .

And then considers violated the right to freedom of expression of the scriptwriter responsible for the inclusion of the label, fired witheringly at the request of RTVE itself, despite working on behalf of an associated production company,

Mediatso SL.

"Notwithstanding the critical judgment that the label may deserve due to its simplistic, crude and tendentious nature, it did not transgress the limits of the right to freedom of expression admissible in the employment relationship."

The dismissal was accompanied by a statement from the management of RTVE that said: "The sole Provisional Administrator of RTVE,

Rosa María Mateo,

deeply regrets the serious error that occurred this morning during the broadcast of the program La hora de La 1 and has adopted immediate measures so that those responsible for this mistake are relieved of their posts".

Mateo ended up giving explanations of what happened in the Cortes.

The TSJM indicates that "it cannot be reasonably understood that through the label the probity of the Princess was really questioned, with the intention of offending".

Extreme reinforced by the inclusion of an overprinted skirt with the wording "the Royal House announces that the princess will attend the international baccalaureate in Wales" which, according to the TSJM, "clearly highlighted the meaning of the news that was being broadcast without leaving space to reasonable doubts, allowing the informative content to be clearly differentiated from the rhetorical figure." "The Chamber concludes that the plaintiff did not transgress the generic limits of the right to freedom of expression imposed by due respect for other worthy fundamental rights protection and, in particular, the right to honour,



Conforms to The Trust Project criteria

Know more

  • Articles Manuel Marraco

  • TVE

  • constitutional Court

  • Real home

  • Justice

  • Articles German Gonzalez