The Supreme Court has banned a youtuber from uploading videos to this platform for five years for giving cookies with toothpaste to a homeless person to humiliate him. The judges have estimated an appeal from the Prosecutor’s Office and understand that this prohibition, which was initially imposed by a Barcelona court, must be maintained. Three magistrates have voted against and will make private votes.
The youtuber who humiliated a beggar is sentenced to pay him 20,000 euros and not enter YouTube in 5 years
The events occurred in 2017, when this ‘youtuber’ accepted a challenge and decided to give toothpaste camouflaged in a cookie to a man of Romanian nationality. The victim, who lived and begged on the streets of Barcelona and had alcohol problems, accepted the cookies without knowing that they contained toothpaste along with a 20 euro bill. He vomited and had an upset stomach and was afraid, he told the judge, about the possible consequences of all this.
The condemned recorded the process and made jokes about it. “The truth is that he feels good when you help a person,” he said. He also joked about the poverty of his victim: “This will help him clean his teeth, which I think he will not clean his teeth in a couple of days or since he became poor,” he settled.
As elDiario.es explained last February, the second chamber of the high court was studying both the defendant’s appeal requesting acquittal and that of the Prosecutor’s Office requesting that his conviction imply the removal of the YouTube platform. At first, a criminal court decided to impose 15 months in prison but also prohibited him from uploading videos to this platform for five years. The Provincial Court of Barcelona maintained his prison sentence – which he does not have to serve behind bars – but withdrew the restraining order. The compensation of 20,000 euros was also maintained.
It was the Prosecutor’s Office that, after promoting the accusation, took the request to the Supreme Court to keep this distance from the youtuber from the social network, an unprecedented request so far in the history of the second court. The judges had planned to study this matter in a plenary session in February, but the deliberations were delayed due to an overload of topics at the meeting.
In this way, his sentence of 15 months in prison for a crime against moral integrity is ratified, which does not imply his compulsory entry into prison. “It supposes a degrading treatment where they exist,” said the criminal court that sentenced the young man in the first instance, adding that this type of crime “multiplies” the stigmatization of people who live on the street and without income. “The defendant will be banned from going to the scene of the crime, that is, the YouTube social network for 5 years,” said the judge.
A decision that was subsequently annulled by the Barcelona Court. “The crime was committed on public roads when he delivered the cookies, the insertion and dissemination of that video is part of the exhaustion of the crime. The social network YouTube is not the place where the crime was committed,” the court said at the time.
The decision of the criminal chamber of the Supreme Court has not been unanimous and in the next few days the complete resolution will be known with all the arguments that agree with the Prosecutor’s Office in its appeal. The particular votes of the three magistrates who have voted against expelling him from YouTube for five years will also be known.