A YOUTUBER who carried out hidden-camera practical jokes has been awarded just €30 in compensation after he was hit by a victim, with a judge pointing out that he 'accepted a certain level of risk' with his provocative behaviour.
The 'vlogger', Sergio Soler, whose username is Mr Granbomba, makes money from hits on his videos of Candid Camera-style pranks – one of which targeted parcel delivery man Ricardo Osorio.
Mr Granbomba pretended to be robbing Osorio of his packages before calling him caranchoa, a minor insult which translates roughly as 'April Fool' and comes from Mediaeval Spanish.
Upon being called caranchoa, Osorio punched Soler and was arrested and charged.
But a magistrate let him off with a nominal fine, saying the delivery man probably genuinely believed he was being robbed and that the stress of the situation made him lose his cool.
“Evidently, his actions cannot be justified, and this verdict is not justifying it – responding to a verbal offensive with physical aggression – but we have analysed the evidence and fall in favour of the apelant who was working at the time he was targeted and was under the normal levels of stress associated with his job,” judge José Antonio Durá said during an appeal filed by Osorio in Alicante Provincial Court.
“The victim of the assault was fully aware and accepted as an occupational hazard that he could be placing his physical safety in jeopardy in order to profit from his behaviour, acknowledging the risk that he could end up being hit one day.
“[Soler] even boasted about how he deserved to get punched because his actions create provocation and that this is precisely the aspect that attracts viewers to his videos.”
The court said Osorio was acting in 'legitimate self-defence' as he 'erroneously believed he was being robbed', having told his company this before the video went viral.
Osorio's solicitor Carlos Frigola, defending, said he was 'satisfied' with the verdict, since his client could now simply pay off the €30 fine and 'get on with his life'.
Frigola says he wants to try to reach an out-of-court agreement with Mr Granbomba to ensure he does not take any further action against Osorio.
The photo shows Sergio Soler, better known as Mr Granbomba, arriving in court for the hearing.
