THE CONFLICT BETWEEN THE RIGHT TO PRIVACY, HONOR, AND ONE'S OWN IMAGE VERSUS THE RIGHT TO ARTISTIC CREATION: ABOUT THE SERIES FARIÑA (STS 5362/2025)

Abstract

STS 5362/2025 addresses the conflict between the rights to honor, privacy, and personal image under Article 18 of the Spanish Constitution and the freedom of artistic creation recognized in Article 20.1.b) of the Spanish Constitution in the context of an audiovisual series inspired by real events. The Supreme Court reaffirms the constitutional autonomy of artistic creation and excludes the requirement of truthfulness inherent to the right to information when it comes to dramatized fictional works. The ruling establishes relevant criteria for weighing the inclusion of real characters in audiovisual narratives, considering the intensity of the interference, the narrative function, and the perception of the average viewer. Likewise, it defines the scope of privacy protection against fictional recreations of private life. The decision consolidates a jurisprudential doctrine that reinforces legal certainty for cultural creation without compromising personal rights, constituting a reference for future cases conflicts between audiovisual fiction and fundamental rights.