Baltasar Adolfo v. Audiencia Nacional
Case Law- Country
- Country Location
Latitude: 40.17158238163279
Longitude: -3.6606463193890733
- Country Location (linked Case Law)
- Spain
- Decision Date
- Feb 2, 2018
- Case Status
- Closed
- Case Outcome (Procedural)
- Affirmed Lower Court
- Case Outcome (Disposition)
- Sanctions (Imprisonment and/or Fine)
- Keywords
- Defamation
- Hate Speech
- Terrorism
- Judicial Body
- Appellate Court
- Case Number
- STS 397/2018
- Case Summary
The Spanish Supreme Court affirmed a lower court's decision finding Spanish singer Baltasar Adolfo guilty of glorifying terrorism, humiliating victims of terrorism and criminal defamation of the Spanish Crown. Throughout 2012 and 2013, Adolfo wrote, performed and posted online various songs with lyrics that endorsed terrorist organisations, such as the First of October Anti-Fascist Resistance Groups (GRAPO) and Euskadi Ta Askatasuna (ETA), and further called for violence against the Spanish Monarchy and Government. The Court recalled case law of the European Court of Human rights which protects offensive or disturbing speech, even against the Monarchy, but concluded that the lyrics did not constitute political criticism. Rather, the lyrics were extreme enough to reach a threshold for incitement to violence and insult in violation of Article 20 of the Spanish Constitution.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Source URL
- Columbia Global Freedom of Expression