Vox condemned for using Joan Mas's image in an out-of-context anti-immigration video.

PalmThe Fifth Section of the Provincial Court of the Balearic Islands has upheld the conviction of Vox for using the image of the representative of Joan Mas's character during the Moors and Christians festival in Pollença in a political propaganda video against immigration.

This was confirmed by the Provincial Court after the decision of the First Instance Court No. 1 of Inca condemned the party for an unlawful interference in the actor's fundamental right to image and ordered it to pay 3,000 euros to the young man. The Court ordered the party to pay the costs and the forfeiture of the deposit made, according to the High Court of Justice of the Balearic Islands (TSJIB) on Tuesday.

The Court notes that while it is true that the plaintiff's image and voice were provided free of charge in the context of his participation in the starring role of Joan Mas in the Pollença patron saint festivities, "the defendant's inclusion in the video constitutes an infringement of the right to one's own image." The judges note an "out-of-context use" of the image and voice and emphasize that "there is no evidence" that the consent given by Joan Mas's representative for the use of his image at a festive event "includes its use in a political propaganda video."

Regarding the accessory nature of the image defended by the appellant, the Court states that "this recording was not authorized as part of a video compiling press headlines on illegal immigration." According to the judgment, this video makes "decontextualized use of the plaintiff's image in support of an exposition on the increase in illegal immigration; a use to which the plaintiff did not consent."

The victim claimed that at no time did he authorize the political party to use his image and demanded a declaration of violation of his fundamental right to honor, privacy, and self-image due to its use by the far-right party in political propaganda about immigration, which did not occur.

According to the TSJIB, the man requested a declaration of unlawful interference with his right to image and compensation of 7,000 euros. For its part, the party opposed the claim and responded that the images of the representation of Joan Mas are in the public domain "without their use having occurred or taken advantage of by the defendant, nor has there been any denaturalization that could harm the plaintiff."

Vox assured that it was unaware of the extent of the dissemination of the video, but that it immediately removed it at the request of the figure's representative. The Prosecutor's Office responded to the claim and granted it, but reduced its claim for moral damages to €3,500. However, the Inca Court ruled that the defendant had infringed the plaintiff's right to publicity. Vox appealed the decision to the High Court, arguing that it was exercising its right to information and that its intention was not to promote the party but rather to contribute to shaping public opinion. The Court has now dismissed the appeal and upheld the Court's decision. The ruling is not final, and an appeal may be filed with the Supreme Court.