reveal the content of the intimate life of another person by broadcasting a private phone call is a violation of the right to privacy also on the new communication platforms, such as YouTube, which also allows thousands of people to view private matters.
This is established by the Judge of Sant Feliu de Llobregat María de la Salud Igual in a sentence in which he condemns the ‘youtuber‘ known as Naya (53,000 subscribers) to compensate another Internet user with 10,000 euros.
In this case it was a conversation between the also ‘youtuber’ María Rubio (Look) with his ex-partner, the popular Dallas Review (more than ten million followers), in which both discussed certain aspects of their life as a couple. The injured young woman sued Naya for a crime of disclosure of secrets and, as the case was dismissed, he went to the civil way which has responded almost six years later.
The dissemination of this matter occurred on March 8, 2016, when Naya linked from her channel a video recorded at Dalas’s house in which the aforementioned call was included. More than 158,000 visits were registered, so the private conversation quickly went viral and was posted on numerous internet sites. harmed her requested to be compensated with 40,000 euros and the judge, despite estimating his demand, lowers this amount to 10,000.
It so happens that Naya deleted the call with the intention of hindering the test of the origin of the publication once he had ensured its already unstoppable dissemination.
In his sentence, notified on April 27 and to which he has had access THE NEWSPAPER OF SPAINa newspaper belonging to the Prensa Ibérica publishing group, as well as this medium, the court of first instance number 2 of Sant Feliú de Llobregat emphasizes that in this case there was a violation of the fundamental rights of the victim.
To reach this conclusion, the sentence is based on the evidence provided with the application, from which reference is made to the witnesses who ratified in court having downloaded the call on March 8 from the defendant’s channel, as well as the comments from Internet in which numerous Internet users described the content of the phone call “uploaded by Naya & rdquor ; in surprise.
Viral content by syndication
On the other hand, on the same day as the publication by the defendant, dozens of youtubers made videos commenting and reacting to the broadcast of this call by this youtuber, in some cases redisplaying it.
The resolution also refers in general to the multiple documents provided with the lawsuit and which include emails from Dallas Review admitting to recording the conversation and passing it on to Naya, who had broadcast it, he says, without his knowledge.
For his part, according to sources close to the case, the youtuber Dalas Review did not take any legal action for violating his own privacy as part of that conversation and continues to have a close friendship with the youtuber convicted of spreading it. The sentence shows that with this publication Naya’s intention was to violate the privacy of the other Internet user and that she called her spread as much as possible and will not be forgotten.
Deleted after downloads
This conclusion is drawn from the documents provided with the application, which attest that the defendant asked netizens to hurry up to download the call and that, when he deleted it, he bragged that it didn’t matter anymore because probably by then it could be found in other places because surely “someone has it & rdquor ;.
Therefore, the ruling concludes that “Mrs. Naya’s intention was not only to publish said conversation, but during the time it was published, her intention was to download it. the maximum number of people so that it would not be lost in oblivion & rdquor ;.
Privacy and new technologies
The attorney by Maria Rubio David Bravestresses that “this ruling shows that the law that protects privacy, even being from the year 1982, is equally applicable to current technologies of communication and that, as much as it is considered that by deleting the file you eliminate the evidence, in reality it is easy to prove what is done on the internet before an audience of hundreds of thousands of people & rdquor ;.
I have won the lawsuit against Naya for posting an intimate conversation of mine on YouTube, a broadcast whose consequences were devastating for me.
6 years later, but justice arrives.
My silence has always been read as a concession, when it has only been patience.
We continue. https://t.co/TvqlJgGHJy– Miare (@MIAREsproject) May 24, 2022
María Rubio, alias Miare, alludes to the sentence on the social network Twitter, where she states that she has won the lawsuit against Naya for posting an intimate conversation of mine on Youtube, a broadcast whose consequences were “devastating” for her. She in her message adds: “6 years later, but justice arrives. My silence has always been read as a concession, when it has only been patience. We continue.”