The actor and presenter Santi Millán has been victim in the last hours of the leak of a videoor in which he appears having sexual relations with a woman. The images quickly went viral on social networks and the presenter became a Trending Topic this Sunday.
This is not the first time something like this has happened. Some of these cases have ended in the worst way: with the suicide of the victim. For this reason, the law punishes this type of action and sharing and disseminating intimate images or videos without consent is punishable by imprisonment.
What are the legal consequences of disseminating or sharing intimate videos without consent?
The law is clear on this point. In the first place, the Constitution guarantees in its article 18 fundamental rights such as honor, privacy and self-image.
Likewise, Organic Law 1/1982 expands the civil protection of this article and states that “capturing, reproducing or publishing by photography, video or any other procedure, the image of a person in places or moments of their private life or even outside of it without their permission” is an interference illegitimate right to one’s own image.
For its part, the Criminal Code, in its article 197.1typifies the crime of disclosure of secretsfor which it foresees a prison sentence of one to four years and a fine of 12 to 24 monthss, for whoever discovers or reveals an image against the will of the owner, which he had obtained with his consent at a home or in any other place out of the reach of third parties, when the disclosure seriously undermines personal privacy.
In addition, the new ‘Law of comprehensive guarantee of sexual freedom’known as ‘law of only yes is yes’, contemplates a modification of the Penal Code to punish with economic fines rebroadcasting by third parties of intimate images or videos.
These are the different assumptions what the law says:
Up to a year in jail for spreading intimate images
The amendment of the law for these cases says the following: “He will be punished with a prison sentence of three months to one year or a fine of six to twelve months whoever, without the authorization of the affected person, disseminates, reveals or transfers to third parties images or audiovisual recordings of those obtained with their consent in a home or in any other place out of sight of third parties, when disclosure seriously undermines that person’s personal privacy.
Fine of up to three months for the redistribution of images
“A fine will be imposed one to three months who, having received the images or audiovisual recordings, disseminates, reveals or transfers them to third parties without the consent of the affected person,” the text states.
The penalty is harsher if the person who shares it is the victim’s partner or the victim is a minor
The penalty will be worse if the person spreading the images is the spouse or someone who “has been linked to him by an analogous relationship of affectivity, even without living together”.
In the same way, it is an aggravating circumstance that the victim is a minora person with a disability or the purpose of the dissemination is lucrative.
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