Expand / The Supreme Court has rejected the appeal of the architect Santiago Calatrava, who had denounced the web of Esquerra Unida after having to change their original name by its original title, ‘calatravatelaclava’, which itself was considered that threatened the honor.
Chamber I rejects the calatravanonoscalla.com web page, Esquerra Unida del Pais Valencia, violate the honor of the architect. The court has rejected the appeal of Santiago Calatrava against the judgment of the Provincial Court of Valencia who confirmed that the only attempt against the honor of the architect of this web was its original title, “calatravatelaclava.com” but not the content.
He added that the new name, calatravanonoscalla.com, “not met the reasons damning pronouncement agreed by the political party defendant, since” we do not shut up “is a clearly different expression of” stabs you, “and refers to the opposition party defendant to cease criticism of the performance of the applicant to be contained on the website subject to demand.”
The origin of the lawsuit starts with demand for Esquerra Unida Santiago Calatrava against the web “calatravanoslaclava.com”. The architect considered both the title and contents attempted against your honor, it requested its closure and compensation of 600,000 euros.
First, the Court of First Instance No. 12 of Valencia, and then the Court of Valencia, agreed that the only thing that could be considered prejudicial was the name of the web, but not its content, protected by freedom expression, and Esquerra Unida condemned to pay compensation of 30,000 euros to Calatrava.
The judgment of the Court of Valencia just was appealed to the Supreme by the architect, not Esquerra Unida, why the high court does not rule on whether it was correct or not determine the name of the web “calatravanoslaclava.com” was prejudicial.
On the content of the page, the Supreme rejects the claim that Calatrava also considered prejudicial against him. “Freedom of expression includes the criticism of the conduct of another even if it is tasteless and can annoy, disturb or annoy the person against whom it is directed, as well as demands of that pluralism, tolerance and broadmindedness without which there there democratic society, “said the statement, which has spoken saraza judge Rafael Jimena.
“In areas such as procurement and implementation of expensive public works, one must admit the existence of a robust and uninhibited criticism for his encroachment could jeopardize the democratic health. This review has wider margins when performed by institutional actors in the public debate, as in this case a political party or its parliamentary, notwithstanding that the target audience of the views expressed by these can account for the data source expressions discharged into the public debate, as indicative of their degree of neutrality “, adds the resolution.
“In summary concludes the Supremo–, if what was intended was to denounce the squandering of public administrations, about high fees charged by the applicant from the public purse, the existence of favoritism , irregularities in the procurement of defective works, delayed, project paid that they had not even started running, the location of companies in the applicant so that the taxes are not paid in Spain, etc, can not be considered excessive or disproportionate recourse to the use of phrases or expressions as indicated, which, far from being unequivocally offensive and unnecessary prosecution in this context of expression of public criticism, were not disproportionate. ”
Therefore, rejects the contents of the web is prejudicial to the honor, allowing its existence with the new name and dismisses calatravanonoscalla.com raise 30,000 euros compensation granted in the instance.
the Supreme rejects ‘calatravanonoscalla’ violates the honor
Information Expansión
http://entornointeligente.com/articulo/7945951/El-Supremo-rechaza-que-calatravanonoscalla-vulnere-el-honor
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