The Court of First Instance and Instruction 1 of Vilanova I the Geltrú (Barcelona) will celebrate next Tuesday a Prior audience for civil demand that Rosa Peral filed against the series producer The body in flamesArcadia Motion Pictures, and the platform Netflix.
The sentenced to 25 years in prison as co -author of the murder in May 2017 of her partner and partner in the urban Guàrdia of Barcelona, Pedro Rodríguez, claims 30 million of euros because fiction violates the protection of Right to honorto the image itself and the personal intimacy of her and her daughter, a minor, who is also represented in fiction.
In the previous audience the parties may propose Testificial and Expert Testsbut not documentary, as well as challenge them. The defense of Peral, which was exercised by lawyer Núria González, has already proposed as testimony in the lawsuit filed by the declaration of the two scriptwriters of the series, while Netflix proposed as a documentary evidence the content of three books.
It’s about Condemned stories: more bad lifeby Carlos Quílez, Only you will have me: jealousy, lies and death in the crime of the Urban Guardby Toni Muñoz, and 29 bullets and a love noteby Alfonso Egea, in addition to Journalistic chronicles and audiovisual works of documentary nature.
The judge will decide at the prior hearing which of these evidence accepts and, in case the parties do not reach an agreement, will set the celebration of a trial. Rosa Peral will not attend the public audience, but her father will do so, who is the one who has her representation powers.
“Recognizable and identifiable”
Taking into account that until May 2024 the series of The body in flames 26.6 million hours had been seen worldwide – a mean of 3.32 million hours per month – Peral’s defense claims 1 euro for every time reproduced For the daughter, for the moral damages caused, and 10 cents for Peral “for the image that occurs from her as a mother,” the lawyer explained after filing the demand.
Demand holds that Peral has become involuntary protagonist of a series in which it appears embodied by Úrsula Corberó, an actress who keeps a resemblance to her, which makes it “totally recognizable and identifiable for the spectator.”
In addition, the defense remembers that Peral He never yielded his rights of image or consent to be interpreted to one of his daughters, and that the series could have been carried out without involving the child.
Creative licenses
For its part, Netflix argues that The body in flames It is not a documentary, but A “pure fiction productwhich allows us to discard both the interference in fundamental rights to privacy and to the image itself. “
He argues that while the series has “undeniable similarities with real facts”, creative licenses have been taken. On the appearance of the character that makes Peral’s daughter, he says that, of the 6 hours and 35 minutes that the series lasts, the girl appears on the screen 23 minutes and 37 seconds, 5.97% of the total, “in a minority way, practically incidentally or accessory, accompanying Rosa”, but that Your presence is necessary To understand the figure of the protagonist.
The platform adds that it appears with a fictional name and that the physical characteristics and age of the actress do not correspond to those of the daughter, but Peral’s defense considers that the child It is still recognizable because his mother appears represented with his real name.
On the intimate sphere of Peral, Netflix alleges that his sentimental and sexual life is “necessary to contextualize“The facts and defends that the series does not move away from reality in the various sentimental or sexual relationships that it maintained, and that are collected in books and articles that have been proposed as proof.
#oral #view #Rosa #Perals #demand #Netflix #claims #million
