Publishing private recordings without permission to be punished by up to one year's jail

Olvido Hormigos in too-late
illegal video

Government approves draft law on Criminal Code reform · Changes to forced marriages and domestic violence laws

MADRID Friday's weekly Cabinet Meeting, held on Thursday last week as Friday was a holiday, came up with its approval of the draft of several changes to Spain's Penal (Criminal) Code that is due to go to parliament, where the PP majority is more than likely to rubber stamp it. Among several changes and reforms (more in other items) is one that will establish a maximum one year jail term for spreading private recordings, sound and/or video, without the permission of the victim. This measure is placed within the framework of protecting women And equality for all -which has elicited comments from men regarding actual equality: Protection for women? What about men?COMING SOON: SUBSCRIPTION INFORMATION>>>

The draft law specifies prison sentences of from three to twelve months for anyone who 'reveals or cedes to a third party images or recordings of a private nature without the permission of the person affected' and that 'attempt against the privacy of said person', whether or not they consented to be recorded.

The measure comes shortly after the private recordings of Olvido Hormigos, PSOE Councillor of Los Yébenes, Toledo, who was the victim, she says, of the Mayor, who posted an erotic video she herself had recorded, which went viral on the Internet.

Forced marriage now a crime

Regarding domestic violence, forced marriages are now to be included as crimes under the draft, with jail terms of up to three years when violence and intimidation are present, and up to twelve months' fines for damaging or otherwise altering electronic devices given to victims of domestic violence.

Changes, too, to the laws on incitement to violence or hatred against others on the basis of race, sex, religion, ideology or origin, which will carry sentences of jail for between one and six years. Jail terms of between six months to two years are to be established for anyone producing or making, on paper or other media, aimed at their distribution and containing incitement to discrimination, violence or xenophobia.

Under the above, and for the first time ever, anyone condoning, trivialising, apologising for or denial of crimes of genocide, against humanity or war -specifically the Nazi Holocaust- when such conduct results in a 'climate of violence', is subject to 6 months to 2 years' jail terms.

This last is aimed at the growing neo-Nazi elements in Spain, including extreme nationalistic and racist groups.

The draft of the law, and its changes to the Criminal Code will now go to the Council of State and the General Council of the Judicial Executive for debate and reports.

The Minister of Justice, Alberto Ruiz-Gallardón, said that this and other changes to the law and sentencing powers (including 'revisable' life terms for crimes that had not carried these sentencves) should be in force one year after the parliamentary process. He added that they would make Spain's Criminal Code 'more modern'.