I bring to the juridical observatory of information a debate that took place in the program El gato al agua issued by the network Intereconomía at the March, 15 of 2013.

The topic on which the debate is focussed is the proposal conducted by some independence organizations of Cataluña, in order to remove the name of the Príncipe de Asturias avenue and change it to Baldomer Lostau avenue.

During the course of the debate Josep Valls, president of Francesc Macià organizations and representant of the Independence organizations that promote that change, comes in scene. During the interview, Javier Algarra, the program moderator, ask him about the specific reasons why they want to remove the name of the Príncipe de Asturias avenue and in their explanations Josep Valls says in reference to Felipe de Borbón: “the current Prince of Asturias is the most nefarious Prince of Asturias since Fernando VII, he is a runt, he is a puppet of Leticia and he doesn’t represent Catalans”

The question is if these statements are protected by the freedom of expression or on the contrary these statements involve injuries for the crown.

At first we must to establish that Felipe de Borbón, as his position of Prince of Asturias, is a public person and therefore is more exposed to public opinion. And secondly we must to consider if the expressions are appropriated to the subject being treated in the debate and if they are proportionate or not.

In order to resolve this case, I considered that the expressions are directly related to the subject of the debate but they are disproportionate because it is not necessary to qualify the Prince of Asturias like nefarious, runt and puppet in order to explain the reasons that the independence organizations have for changing the name of Principe de Asturias avenue.

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