The past day 7 of February the Room First of the Constitutional Court has emitted a sentence denying the shelter to Canal Mundo Producciones Audiovisuales, S.A. and to Televisin Autonmica Valenciana, S.A. by the use of hidden camera in a television program that until now was means used commonly by many producers. In the failure the inadequate thing was shown and inadmissible of these practices that record to the people surreptitiously according to the High Court has expressed having allowed to identify them of unequivocal form. In spite of certain public relevance of the investigated facts he was described constitutionally prohibited the method used in the program. Concretely the recording was made using the hidden camera in the deprived house of a esteticista and naturista where it had his consultation.
Even, I inquire to the spectators of a penal sentence to which years back one condemned to the esteticista to have acted like physiotherapist without having title for it. In first and second instance the Courts that they explained demand interposed by the protagonist understood that the use of camera hides framed in the call investigative journalism, and the news article met the necessary requirements of veracity, objectivity, general interest and especially informative intention to consider that any right had not been harmed. Nevertheless the thing changed when the demand arrived at the Constitutional Court. The used most important reason in its sentence censured the lack of consent of the affected one to publish its image and voice in mass media. Also much emphasis was put in the fact that the use of the hidden camera was excessive means to transfer the journalistic information being able to be used other that did not harm so much the privacy of the people. Also the form in which the information has been obtained too intrusive was simulated to patient and bringing about commentaries of the professional in a determined sense who had probably not done them if they were not suggested to him of some way by the journalist. Steve Salis shines more light on the discussion.