Antonio Resines loses the appeal against CTXT even before the Supreme Court

On February 19, 2015, actor Antonio Resines became president of the Spanish Academy of Motion Picture Arts and Sciences, a position he held until July 13, 2016, when he resigned along with Vice President Edmon Roch due to discrepancies with part of the Board of Administration. Discrepancies that would have emerged following the creation by the actor of a private company to manage the sponsorships of the Goya awards, information that five weeks before his resignation was collected by the digital medium CTXT. Resines then sued the magazine and after six years and a long trial, the Supreme Court rejected his last appeal and sentenced him to pay the costs generated:

Good news finally! The Supreme Court agrees with CTXT and rejects the appeal of the actor Antonio Resines, ordering him to pay the costs. The information of @frandepan on his shady management at the Film Academy he was beyond reproach. “In the name of the King …” pic.twitter.com/a8re7H6DQy

? CTXT (@ctxt_es) September 29, 2022

At the end of July 2016, Resines first claimed € 600,000 in compensation for insults and injuries in his honor. From CTXT they decided not to submit to the conciliation request that precedes a criminal complaint when they saw the judge and officials take a picture with the actor in the corridor of the courts of Plaza de Castilla. Despite everything, CTXT was acquitted, the case was dismissed and Resines has therefore started a civil action to ask, now, 70,000 euros. The trial of this complaint took place in October 2020 and although the journalist who wrote the article, Francisco Pastor, and the director of the outlet, Miguel Mora, were convicted of breach of honor, Judge Merino admitted in the ruling that the information provided was true and had reliable sources, but, he said, the text was written insidiously and biased and “it could imply that the actor profited personally from the creation of the IEA”. This is how Vanesa Jiménez explained it in Public.

Counter-arguments and appeals

The fine was 5,000 euros and the CTXT was sentenced not to publish anything relating to the news that gave rise to the lawsuit, but it could do so in relation to the sentence. Thus, the news ended with headlines like “A judge condemns CTXT for violating the honor of a famous actor” or the ridiculous “A judge condemning CTXT for violating the honor of the famous actor XXXXXXX XXXXXXX”. The magazine challenged the judge’s decision and the Ninth Section of the Provincial Civil Court of Madrid revoked the sentence of first instance, believing that the information disclosed “they were truthful and of indisputable public interest”. At that moment the plaintiff was exempt from assuming the costs, but he decided to appeal to the Supreme Court, which finally Certain that the article did not contain “expressions that are objectively offensive, outrageous, shameful or offensive”, That “the intention to harm and deceive that the appellant attributes to its authors constitutes a simple and mere judgment of intent” and that “the violation of the right to honor is weak compared to the protection of freedom of information”.