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Spain's Supreme Court Overturns Oubiña Award in 'Fariña' Case

The court held that the dramatized portrayal falls under artistic freedom for a public figure.

Overview

  • The Supreme Court annulled the €15,000 indemnity and revoked the order to delete a first‑episode sex scene, upholding appeals by Bambú, Atresmedia and Netflix.
  • The decision overturns a partial ruling by the Pontevedra provincial court after an initial first‑instance dismissal of Oubiña’s €1.5 million claim.
  • The court rejected alleged violations of honor, intimacy and image in the portrayal of Laureano Oubiña.
  • Judges deemed Oubiña a public figure due to drug‑trafficking convictions, and held that a fictional series enjoys artistic freedom and is not bound by journalism’s strict truth standard.
  • The intimacy claim failed because the sexual depictions were brief and non‑explicit, and the insinuation of cocaine trafficking did not constitute an illegitimate intrusion on his reputation.