20 hours Ago By ARA
Since this Tuesday, the court of first instance of Vilanova i la Geltrú (Barcelona) hosts the trial of Rosa Peral – convicted of the crime of the Urban Guard – against Netflix and the production company , the series that recounted her case. The former agent, who is serving a 25-year prison sentence as co-author of the murder in May 2017 of her partner and colleague in the Barcelona City Police, Pedro Rodríguez, r, in her own image and in the personal privacy of her and her daughter, a minor, who also appears represented in the fiction. In the preliminary hearing that will be held this Tuesday, the judge will determine what evidence she will accept, and in case the parties do not reach an agreement, she will set a date for the trial.
Rosa Peral will not attend the public hearing, according to what Europa Press has learned through judicial sources, but her father will, who is the one who has her powers of representation. , starring , premiered in September 2023 and quickly became one of the most popular series on Netflix. Although it is based on the real events of the Guardia Urbana crime, it takes some liberties such as, for example, making the protagonist have only one daughter when in real life she has two.
Peral's lawsuit argues that the former agent has become the involuntary protagonist of a series in which he appears played by Úrsula Corberó, an actress who resembles him, which makes her "totally recognizable and identifiable to the viewer." It also adds that he never gave up his image rights or gave consent for his daughters to appear. For its part, Netflix maintains that It is not a documentary, but a product of "pure fiction, which allows us to rule out both the intrusion into the fundamental rights to privacy and one's own image.
" The platform also argues that while the series has "undeniable similarities with real events," creative liberties have been taken. Taking into account that until May 2024 had been watched 26.6 million hours worldwide –Netflix provides audience data in terms of hours consumed–, Peral's defense claims one euro for each hour watched for her daughter, for the moral damages caused, and ten cents for Peral "for the image she gives as a mother.
" A week before the premiere of the series, Among other things, the former agent wanted to see if the way she was treated as a mother could be detrimental to her when it came to obtaining prison permits to visit her daughters. The court dismissed the claim, considering that the financial deposit required to file a legal action of this type had not been submitted, but the Barcelona Court ultimately ruled in favour of the former agent. According to the court's criteria, claims should only be rejected for processing "in exceptional cases and when the law expressly establishes this.
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