20220919
19 September 2022

Comedian Jair Domínguez testifies as a defendant for having said ‘you fight fascism and Nazis by punching them in the mouth’ on the El Matí de Catalunya Ràdio programme, but the case is once again dismissed

Breaches:



He made these and other comments on the El Matí de Catalunya Ràdio programme two days after the 14 February 2021 Parliament of Catalonia elections, in relation to VOX’s results in two towns. The party filed a complaint against Jair Domínguez for an alleged hate crime. On 18 June 2021, the Examining Magistrate’s Court no. 25 of Barcelona dismissed the case, arguing that the comments did not lead to violent reactions against VOX or its representatives. VOX appealed the dismissal, and the Provincial Court of Barcelona overturned it on 26 October 2021. The Court argued that the statements are not covered by the right to freedom of expression. It also noted, among other considerations, that incidents had taken place at VOX events during the campaign and that the comments were made during a programme with an audience of ‘nearly half a million Catalan-language’ listeners, making it statistically improbable that no one could have been ‘incited’ by the comments in question. In January 2023, the Examining Magistrate’s Court no. 25 dismisses the case once again.

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