In recent weeks, three relevant resolutions on the harmful use of social networks and digital communication have been published. Sentences are not immediately disclosed, because they need to be anonymous.and as such, much of the media is content with agency teletypes where the most notorious aspects are collected, instantly distributed for the winning cause.
In November 2022, the Barcelona County Court convicted a member of the Civil Guard for creating a hoax (fake news) regarding unaccompanied minors (menas) of Moroccan origin. Using video of a violent sexual assault that occurred in ChinaDistributed by the Asian country authorities to try to identify and arrest the criminals, he decided to explain from his Twitter account in July 2019 that this video really corresponds to an attack by Moroccan minors in a town in Catalonia.
The crime charged with it is the infringement of people’s dignity for discriminatory reasons (Article 510 of the Criminal Code). In the sentence, the defendant’s “hostility to act andI drive out foreign immigrants of Moroccan origin, and among them the most vulnerable sector such as unaccompanied minors”. It is interesting to read the entire text that, at the same time, by spreading the message, “the defendant intended to do so, with clear contempt for the truth and en masse and indiscriminately among all its potential users.” social network twitterassociating the video’s content with an alleged rape that took place in a Catalan town, “in this way, contributing to the arousal or heightening of prejudices and stereotypes among the public against this particularly vulnerable group of people, risking creating feelings of rejection and hostility towards them as a result”
For this reason, the crime is committed against the exercise of fundamental rights and public freedoms, in which case it is worth remembering that the protected legal rights are linked to the fundamental rights in the constitutional order. The prosecutor’s office reached an agreement with the accused, who would not go to prison on the condition of complying with various rules of conduct.including closure of their activities in networks and participation in a course on equal treatment and non-discrimination.
The second of the penalties, Cartagena 2. 197). The accused published a column against the victim of the infamous sexual assault perpetrated by a group calling themselves “La Manada” in Pamplona. And he did it against the victim because he was hiding under a pseudonym. “Mark Larrazabal”He stated that he did not believe him and also disclosed all the information he had to identify him: his name and surname, his identity, his address, two photographs, and the university center where he studied.
The offense against moral integrity stems from the content of the column and cannot be repeated here, while the disclosure of secrets complies with the express prohibition of dissemination of personal data and images by the Navarra State Court when the hearing was held there. We are talking about events that occurred in May 2018.
The sentence deserves to be studied in informatics faculties. In this case, remember that the fundamental right, the right to honor, and the right to freedom of expression, especially the right to freedom of opinion in the field of information, conflict, and this contradiction between the two rights “must be resolved using institutional techniques”. weighting”. In the decisive sentence of the sentence, it is emphasized that “freedom of expression does not include the right to insult”, and at the hearing, the harm inflicted on the victim, who received so many threats that after the release of her personal data she had to speed up her psychological treatment and leave Spain for fear of being recognized on the street, was upheld.
By deliberately exposing the victim to a humiliating situation for the human being, The accused was convicted of both crimes, The maximum penalty was the one corresponding to the disclosure of secrets, but mitigation was applied to unduly delay the investigation of his case.
Famous writer and tweeter residing in Malaga, Madrid 3 mobilized the media and civil society.
There is no point in multiplying messages since “torture and other crimes against moral integrity” are criminalized under Article 173 of the Penal Code. Since the argumentation basis of the sentence is very similar to the previous one, the difference is that the accused, who is a writer, declares that he wrote it. -In January 2019- “satirical” messages against the embarrassing media coverage of the case, including its texts within the scope of freedom of expression and freedom of art, and drawing attention to the consistency between the published messages and the literary work.
Due to the imposition of this sentence, various opinions were produced in favor of the accused, who, in the opinion of the court, was sentenced by proving that he committed the crime and the harm inflicted on the parents of the deceased child. Journalist Carmen Camacho’s bold article entitled “Apology for Camilo de Ory” invites us to reflect calmly on this painful subject. The judge’s argument in the sentence was that “if the accused wanted to satirize the treatment of the issue by the media, he would have had to direct his comments to them, so nothing justifies his actions.” in this situation”.
Three sentences worth reading about the events of 2018 and 2019. Probably, much more will be known soon. And the nets are carried by the devil.