EL CONSENTIMIENTO Y EL CONTEXTO JOCOSO DEL PROGRAMA ELEMENTOS CLAVE PARA AFIRMAR LA INEXISTENCIA DE VULNERACIÓN DEL DERECHO AL HONOR Y A LA PROPIA IMAGEN.

Abstract

There is no violation of the right to freedom from attacks against one's honour or the right to freedom from attacks against one's self-image if the individual in question has been voluntarily interviewed and filmed. Under such circumstances there is implied consent, and it is not necessary for the person to give consent in writing; consent may be deduced to exist from acts or conduct whose meaning is unequivocal, unambiguous or indubitable. The mirthful context and the behaviour of the broadcaster and the individuals involved was not entirely ethical, but there are no grounds for legal rebuke.