Supreme Court blow against Jorge Javier: he loses against the media that made him drunk

Does not pass through Jorge Javier Vazquez for its best moments. After the end of Save me and the resounding failure of Chinese stories, The presenter has disappeared from television and now a new setback is added to this: the Supreme Court has rejected the Badalonese’s appeal against the media that broadcast his photos drunk and in a sorry state in a nightclub.

Jorge Javier asked for 9,000 euros from two media outlets but the magistrates have not agreed with him and the High Court also imposes the costs generated by the appeal.

Two newspapers published photos and video in which he appeared drunk in a nightclub. The Civil Chamber, in a ruling dated October 16, determined that “the freedom of information of the appealed media must prevail over the right to privacy and the appellant’s own image in accordance with constitutional and jurisprudential doctrine.” “.

“The information disseminated is truthful and refers to facts that have public relevance, in the sense of newsworthy both due to the public projection and notoriety of the subject, and due to the public interest of the matter on which it is reported.”

For the judges, it was not illegal to publish the photos of Jorge Javier Vázquez drunk because “the state in which the appellant was, after having suffered a stroke and after declaring that he was not unconscious and that he would strictly comply with what they told him the doctors, generated an informative expectation and an interest in the people who follow him about how his healing was going to evolve and how his ordinary life was going to develop. It must be remembered that the prosecutor himself opposed the plaintiff’s appeal with the same argument.

The sentence does not consider that the information can be included in the protected area of ​​his privacy: it refers to aspects of his private life that he disclosed of his own free will “which forces him to endure monitoring of them, as well as criticism,” says the failed. “The images can be disseminated without your consent, since, as the information is of public relevance and general interest, the exception of the Civil Protection Law of the Right to Honor operates.”

9,000 euros that he will not collect and they also condemn him for the costs

“In particular, the right to one’s own image will not prevent its capture, reproduction or publication by any means when it concerns people who hold a public office or a profession of notoriety or public projection and the image is captured during a public event or in places open to the public”.

The judges emphasize that the facts collected are of public relevance and that “the veil of privacy had been voluntarily lifted by the appellant when he declared that he had suffered a stroke.” The video was recorded by a social media user and the presenter appears in the photos “visibly drunk in a bar.”

The video in which he was seen talking animatedly with another person immediately went viral: you could see “how he staggered and fell back onto the sofa he was sitting on when, at a certain moment, he tried to stand up.” .

“The appellant did not take any measure to escape the curiosity of others or reserve his image against any interference, marking a clear area of ​​privacy,” says the ruling, which can no longer be appealed.

He asked for 9,000 euros

The media Abc and Periodista Digital published the issue four years ago and Jorge Javier claimed 9,000 euros of civil liability for moral damage. The headlines read: “Jorge Javier caught drunk in a transvestite club in Chueca”, or “Alarm on Telecinco: intimate video of Jorge Javier unleashed with a transvestite”, or “Jorge Javier caught drunk in Chueca”.

Jorge Javier Vázquez, whom the sentence defines as “a journalist and communicator, but also an actor, writer or blogger, who awakens what has to do with social interest”, will not be able to collect the amount he requested and also has to face to the costs, as stated in the ruling itself, in addition to losing “the deposit made to appeal.”