The High Court has ordered Telecinco to pay damages of 300,000 euros to tennis player and model Anna Kournikova and 36,000 euros to singer Enrique Iglesias for damaging their image, honour and intimacy.
The TV channel had appealed against the original sentence in favour of the couple issued by the Provincial Court in Madrid, but have today seen their appeal quashed and the compensation order upheld by the High Court.
The case began with a when Kournikova and Iglesias filed a lawsuit against Telecinco for a report entitled 'El Desnudo del Año' (Nude of the Year), broadcast by the programme "Aquí hay tomate" on 30th December 2004, which showed photos of the couple, including one which had been manipulated to show Kournikova in the nude.
The High Court has today upheld the original decision of the Madrid court, denying any further appeals and confirming that the couple's honour, image and intimacy had been compromised. Today's judgement condemned Telecinco for "capturing images in non-public places, showing people in situations of false nudity and broadcasting comments that go beyond the limits of what is socially acceptable" - behaviour that is not protected by the right to information or the right to freedom of expression.
Telecinco argued that it had not manipulated the images of Kournikova but had lifted them like that from the Internet, but the judge ruled that they had not taken sufficient measures to ensure that they were not manipulated before broadcasting them.
The High Court judge recognised the newsworthiness of public figures, but added that they "should not have to put up with images of them being taken and broadcast without their prior knowledge", even less so if they have been manipulated, nor should they have to suffer comments that undermine their dignity.