Wednesday, July 6

Justice dismisses a lawsuit by Cárdenas against elDiario.es in which he claimed 60,000 for violating his honor

The court of first instance number 1 of Madrid has rejected a lawsuit filed by Javier Cárdenas against elDiario.es, in which he alleged that his right to honor had been injured in some information published by this editorial about the program Hora Punta, which the presenter had on TVE. The ruling also specifies that Cárdenas will have to face the costs of the procedure.

The sentence, against which there is an appeal, states that “the existence of an organized campaign to discredit the actor by” this wording is not at all proven. Likewise, the magistrate determines that “there is no illegitimate infringement of the actor’s right to honor, regardless of whether the news published may affect him personally”.

In addition to considering that his right to honor had been violated, Cárdenas demanded in his claim compensation of 60,000 euros and also asked that elDiario.es be prohibited from making “new statements or publications about” him. Justice has rejected the presenter’s claims.

In the articles cited in the ruling, Vertele – the television information portal of elDiario.es – reported in 2017 on how Cárdenas used TVE prime time to attack the aforementioned media, elDiario.es and its director, Ignacio Escolar, for criticize your program. That news recalled some reactions that had occurred days before on social networks to the appearance in Rush Hour of some dancers dressed only in a bodysuit while performing a magic trick.

“The article is limited, on the one hand, to giving a critical opinion of what its author understands as improper content of a program broadcast on public television, and on the other, to highlighting the existence of those same criticisms in various media, Without containing injurious, excessive or defamatory expressions, the veracity of the existence of these criticisms, which in turn are also opinions, has been accredited, “the magistrate stated in a sentence issued on June 8.

The magistrate states that in this case it is necessary to evaluate the “weighting” of the “right to honor of the actor and the rights to freedom of information and expression of the defendants.” This examination “requires exquisite rigor and especially if the conflict of freedom of expression is with other fundamental rights, in particular the right to honor,” he adds.

In addition, remember that “all public figures” are exposed to inspection “and criticism of their professional work, this being perfectly legitimate if it is limited to that area and is not accompanied by clearly insulting expressions that exceed what is reasonable and exceed the activity itself. public “.

In the lawsuit, Cárdenas’s defense also referred to a profile in which Cárdenas’s career was reviewed, alluding to the different controversies he has starred in on television. This article alluded to a 2014 Constitutional Court ruling following an interview conducted in Crónicas Marcianas in 2002 with a man who had 66% physical and mental disability, considering that he was interviewed “with the clear and reprehensible intention to make fun of their physical and mental conditions, thereby attacking not only their rights to honor and their own image, but even their dignity. ”

In order to the presenter’s attorney this news is (sic) “an extensive article, dedicated exclusively to smear and make fun of the (impeccable) professional career of Don Francisco Javier Cárdenas”. On this matter, the magistrate of the court of first instance number 1 of Madrid considers that “it is proven that, despite the fact that the conviction occurred to the program and not to the presenter, the interview subject to condemnation was carried out by him” this “inaccuracy” does not imply “an infringement of the right to honor”.

The passage of Cárdenas by TVE was plagued with controversy, among them, the fact that it made room in the public television to pseudoscience or the use of your program to charge against media critics, a performance that was recriminated by PSOE, Unidos Podemos and Compromís. With the arrival of Rosa María Mateo to the management of RTVE, the new management of the entity chose to dispense with the presenter and suppress its space from the programming, despite the fact that it had been renewed a few months before by the previous management.



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