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The illegitimate intrusion into personal privacy according to Spanish Law


These days Shakira's song, in which allusions to Pique and his current partner are made, has had a lot of repercussion globally. Although an ordinary citizen does not make songs for their ex partner that can have this kind of repercussion, she/he can interact through social networks, being able to carry out actions with legal repercussions.

Thus, Organic Law 1/1982, of May 5, on civil protection of the right to honor, to personal and family privacy and to one's own image indicates in its art. 7. 7:


"The imputation of facts or the manifestation of value judgments through actions or expressions that in any way injure the dignity of another person, undermining their reputation or attacking their own will be considered unlawful interference (...) estimation.”


And article 9.3 continues:


“The existence of damage will be presumed whenever the illegitimate interference is proven. The compensation will be extended to non-material damage, which will be assessed taking into account the circumstances of the case and the seriousness of the injury actually produced, for which the diffusion or audience of the medium through which it has been made will be taken into account, where appropriate. produced”.



Therefore, it would be possible in a case like this to sue civilly; understanding that, with said song, there has not been an attack on honor (criminal law approach that we do not see here), but an illegitimate interference in the personal privacy of the ex partner and his/her current partner; interference carried out, in Shakira's song case, precisely to obtain economic benefits, which is why it could be legally appropriate for those harmed by the interference to receive their share of the benefits, by way of compensation.

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