Justice has condemned TVE for a report by ‘La Mañana’ about the noise in a building caused by the sexual life of a neighbor of Salamanca. The Provincial Court of Salamanca points out that this report supposes an illegitimate interference in the right to honor, privacy and the image of the aforementioned, despite the fact that the journalist did not mention the woman’s name or surname. Justice condemns the neighbor who participated in the program and TVE to compensate her with 10,000 euros.
According to the sentence, which has already been notified to the parties, in the report, lasting about 10 minutes, it was stated that a girl from Salamanca had been fined for exceeding the allowed decibels. The journalist said that “the curious thing” was “that the noise came from the bed of the neighbor upstairs,” an activity “that caused things to fall from the complainant’s shelf.” Later, a video of about ten minutes was made in which the “private aspects” of the complainant were made public, which “lack relevance and public projection”.
The Court has partially upheld the plaintiff’s appeal, which requested compensation of 20,000 euros for non-pecuniary damage, since the Court of First Instance considered that the program was protected by the right to freedom of expression and information. However, for the Provincial Court, “the plaintiff’s right to privacy prevails” because the report “does not refer at all” to matters of general interest or public relevance.
The Chamber clarifies that “the noises that a person makes at home” can annoy other neighbors, but “these behaviors belong to people’s private lives, so they lack the necessary public relevance to carry out their publication in a 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 that is made of the causes of those noises, in reference to the promiscuous and fiery sex life of the plaintiff “, adds the sentence, sent to the press through a statement.
According to the sentence, the report shows a woman complaining about the impossibility of sleeping due to the “fieryness” of her neighbor upstairs and that, according to her, has caused cracks in the walls, vibrations of the radiator and photos that fall from the shelves. This woman “gives details” of the expressions she hears “to the point that [el presentador] reminds the journalist that they are on children’s hours. “” In said report, the question is asked about the possible practice of prostitution in the aforementioned residence of the neighbor, “adds the Court.
The Chamber considers “reasonable” to award 10,000 euros as compensation, half of the amount requested, for moral damages since “the undue disclosure of intimate life, taking advantage, as has been said, of the morbid appearance and character with The one who alluded to in the report to her sexual life and her promiscuity, reaches or extends only to the circle of people known to the plaintiff and not to the general public, since the direct data of her identity are never mentioned in the report in question”.
The Hearing also orders the defendants to pay the costs of the process in the first instance, to read the ruling of the sentence in the program in which the report was issued, in an analogous one or in the primetime newscast, and to pay for the publication of the judicial decision in the local newspaper La Gaceta de Salamanca.