Justice has acquitted the agitator Pilar Baselga of the crime of slander for the comments made in which she alluded to the wife of the President of the Government, Begoña Gómez, whom she even referred to by the name "Begoño" and spread accusations without proven basis.
The judicial ruling concludes that "it is not in itself injurious" the term used and that it has not been proven that the expressions used have undermined the honor of the plaintiff, for which the facts are considered atypical and without criminal relevance.
The line between criticism and defamation
The sentence of Judge Beatriz Suárez Martín, of Criminal Court number 22 of Madrid, recognizes that the expressions were "close to crossing the line between satire and defamation", but underlines that in the analyzed context the right to criticism and satirical humor can prevail.
However, the ruling also warns that these types of demonstrations can have a significant reputational impact, although in this case such damage could not be sufficiently proven.
Lack of direct evidence
The judicial resolution highlights the absence of a statement from the complainant herself, which —according to the judge— prevents directly determining if there was a real impairment of honor.
Likewise, it is pointed out that sufficient intent has not been proven nor the existence of real credibility in the disseminated claims, which weakens the criminal charge of defamation.
During the trial, the defendant acknowledged that some expressions may have been "unfortunate," although she defended that there was no intention to slander and that she acted based on prior information, in what she described as an environment of improvisation and inappropriate tone.
The prosecution requested a fine of 21,000 euros and an additional compensation, which also included the network where the statements were broadcast.