The actor and tweeter Toni Albà, known for his imitations of the previous Spanish King, Juan Carlos I on Catalan public television, tried because of some comments over Twitter
Mr. Albà has stated that: “I have been imitating the King for 16 years, and I had already looked into whether this could lead me to court. Animus ofendi is not the same as Animus jocandi. I’m not here to offend, but to joke.
I make humorous tweets, but the judge was very worried that “you have many followers.” (…) he was worried that I have many followers… Don’t you realize that I do not control it? They want to control people’s thinking and do they not realize that the historical age for such a thing has passed?”
Source: Creative Commons
Since 2016, a series of judicial proceedings against several people with a projection on the social and professional networks of the world of comedy and humour have begun on the part of Spain. The cases pointed at critical and divergent voices, especially when it had to do with humourists and comedians or singers who had targeted the Monarchy, or made funny comments online about past events that involved terrorist violence, or the violent action of the police forces in Spain. All such statements were all prosecuted judicially. The authors’ intention had always intended to be humorous, artistic, or simply put; as expression of free critical thinking expression. Since the year 2014, the Spanish paramilitary Police force “Guardia Civil” has been carrying out the so-called “Spider Operation” aimed at pursuing cases of terrorism apology. This is the case, for example, with Cassandra Vera, who made various funny tweets in relation to the attack in which dictator’s Francisco Franco’s Prime Minister was killed in 1975. Miss Vera was tried and sentenced to one year in prison and finally acquitted after having successfully appealed the sentence. Amongst this, features the proceedings against Mr. Albà for having posted a photo of “Guardia Civil” and “Policía Nacional” officers, posing triumphant and joyful in front of the Police-transporting ships chartered by the Spanish government in order to repress the Catalan referendum on October 1. The Picture featured a humorous comment that resulted in a first accusation of injuries to be filed against him.
On May 31, 2018, Mr. Albà was again summoned to the courts in order to be informed that the same cause was expanded with new tweets of his. Once his statement before the judge was completed, his lawyer requested the proceedings to be terminated. In the words of Mr. Albà: “Freedom of expression is a right that I have 100% (…). The pre-trial phase is an open cause to all and everything that can influence socially, and against the freedom of thought and for people to have the freedom to sing, to give one’s opinions, and to the whole society … I think that this case is not against me, but against the whole society.”
The judge, however, has decided to start an investigation against him on account of the tweets published.The prosecutor’s office has requested for Mr. Albà to be fined with a sum of € 19,200. Mr. Albà has made this news public through his Twitter account (15-11-2018) and has stated that this is an attempt to “punish disent”. The actor has also described the judiciary as “pathetic”.
The Freemuse 2018 Report places Spain as the country with the largest number of imprisoned artists.
Violation of article 20 of the Spanish Constitution, which clearly indicates in its first section that it recognizes and protects the rights – among others – to:
a) To express and spread freely thoughts, ideas and opinions by word, in writing, or by any other means of production.
b) Literary, artistic, scientific and technical production and creation.
Violation of article 19 of the Universal Declaration of Human Rights which states:
“Every individual has the right to freedom of opinion and expression; this right includes not being disturbed because of their opinions, researching for and receiving information and opinions, and spreading them without limitation because of borders, by any means of expression».
Violation of article 11 of the Charter of Fundamental Rights of the European Union, where the right to freedom of expression is established.
Other documents about the specific case, to be posted when available.