Overview

• The Constitutional Court unanimously annulled the 1.5-year prison sentence imposed on the creator of a satirical website critiquing media coverage of the 2016 La Manada sexual assault case.
• The Court ruled that the website, which was live for three days in 2016, fell under the protection of freedom of expression and artistic creation as outlined in Spain's Constitution.
• The website falsely advertised a 'tour' of locations tied to the assault, incorporating satire to highlight sensationalist media narratives surrounding the case.
• Lower courts had previously convicted the creator under Article 173 of the Penal Code for violating the moral integrity of the assault victim, a decision upheld on appeal and left standing by the Supreme Court.
• The Constitutional Court's decision, authored by magistrate Laura Díaz Bueso, emphasizes the autonomous protection of artistic expression and the proportionality required in limiting free speech.