The Court of First Instance and Instruction 1 of Vilanova i la Geltrú (Barcelona) has admitted the proceedings the lawsuit filed by Rosa Peralconvicted of the ‘crime of the Urban Guard’against Netflix for the series ‘The Body on Fire’, Europa Press has been able to confirm.
The lawsuit that Peral filed through civil proceedings is directed against the producer of the series ‘The body on fire’Arcadia Motion Pictures, and the Netflix platform, to which claims 30 million euros for an alleged violation of the right to honor, according to ‘El Periódico de Catalunya’.
The one sentenced to 25 years in prison –along with her lover, Albert López– for the murder of his partner, Pedro Rodríguez, he considers that fiction not only violates his right to honor, his own image and personal privacy, but also of his daughter, a minorwhich is also represented in the series.
Thus, Peral’s lawyer, Núria González, explained that taking into account that until May of this year 26.6 million hours of the series had been watched worldwide – an average of 3.32 million hours per month-, they decided to claim 1 euro for each hour played for the girl for moral damages and 10 cents for Peral “because of the image that is given of her as a mother”.
“Totally recognizable”
The lawsuit maintains that Peral has become the involuntary protagonist of a series in which she appears played by Ursula Corberoan actress who bears a physical resemblance to her, which makes her “totally recognizable and identifiable to the viewer.”
She also emphasizes that she never gave up her image rights nor did she give consent for one of her daughters to be portrayed, who both at the time of the events and currently is a minor.
In August 2023, Peral asked to watch the series before it premieredalleging that she had not been informed of the creation of the aforementioned fiction, which under the formula “based on real events” narrates the events for which the plaintiff is serving her sentence in the Mas d’Enric prison (Tarragona).
On September 4, Netflix published the promotional video for the series in which the character representing the minor appeared, who performs “completely false” actionsaccording to the lawsuit, so that the viewer perceives that his statement at the trial – in which he did not actually participate – was the main evidence to convict his mother.
The next day, González filed a lawsuit for precautionary measures to stop the premiere of the series for infringement of the fundamental right to honor, privacy and self-image of Peral and her minor daughters, but in September 2023 the Court of First Instance 2 of Vilanova i la Geltrú denied the precautionary measure.
The lawyer then filed an appeal before the Provincial Court of Barcelona, which in April 2024 revoked and nullified the appealed resolution, but the series had already been released.
Peral maintains that the series could have been made without involving a minor, for whom he claims 26.6 million for psychological damages, and 2.66 million for herself for portraying her as a “negligent” and violent mother.
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