Paper fined for nudist beach photo
24 August 2004, MADRID - Spain's highest court fined a newspaper Tuesday for printing a picture of a woman nudist on a beach.
24 August 2004
MADRID - Spain's highest court fined a newspaper Tuesday for printing a picture of a woman nudist on a beach.
The Supreme Court fined the newspaper, La Voz de Almeria, EUR 6,000 for infringing the woman's privacy.
In the court's civil section, judges said the photo appeared in the paper on 28 June 1998 and the woman's identity was obvious.
The newspaper and the photographer were fined for infringing the rights of the woman, who was not named in court.
The Supreme Court had overulled the ruling of a lower court in Almeria, in southern Spain.
The court in Almeria had ruled that the woman could not be identified by the photograph and said that the newspaper had not infringed her privacy.
But the Supreme Court said the lower court's ruling was "illogical and arbitrary" which said the woman could not be identified from the photograph.
The court added that the picture was taken and published without the consent of the woman, who is not someone in the public eye.
The court in Almeria ruled the face of the person is not visible.
It also said that there were no distinguishing marks which allowed readers of the paper to identify the person who made the complaint.
The Supreme Court said many witnesses said it had been obvious who was photographed.
[Copyright EFE with Expatica]
Subject: Spanish news