The Court of Madrid has dismissed the appeal filed by Francisco Franco’s grandchildren after the Madrid Investigating Court number 39 had concluded that the report Franco’s legacy It was protected under article 20 of the Constitution.
The dictator’s family filed a lawsuit for “slander and insults” against Mediaset Spain and all the journalists and researchers who carried out the journalistic work, which appeared in the program In the spotlight. The order of the court of instruction ruled in favor of the defendants since the report investigated the ins and outs of the Franco patrimony and is considered as denouncing journalism.
The Court has followed the same line as the first court and has noted in the car to which it has had access The country that “it is a criterion established by the Supreme Court that the freedoms of expression and/or information include criticism of the conduct of another, even when it is bland and may annoy, disturb or upset the person against whom it is directed.”
In addition, the Court has reaffirmed itself in the first order that argues that “a large part of the content” of the program that is the object of the complaint focused “on the person of Francisco Franco and not in the plaintiffs”. Reason why the crimes against the brothers Martinez-Bordiu Franco, and, on the occasions that they did refer to the plaintiffs, the judge Belen Sanchez has ruled that they did not have “sufficient entity to be constitutive of a crime”.
The defendants demand that the Franco pay the costs
Although the High Court has filed the case and has ruled in favor of the defendants, they demand that the dictator’s family pay the costs. Some journalists and researchers have criticized the court’s decision to declare the costs ex officio, that is, the judge did not expressly mention who should pay the costs of the judicial process.
According to the defendants, if the Franco family does not pay the costs, the heirs are encouraged to continue prosecuting cases of free expression to the media.